Nickolay v. Estate of Nickolay

1 Barlow, J.

This case involves the validity of a post-nuptial contract entered into on July 26, 1940, between Walburga Nickolay, petitioner and appellant, and Jacob Nickolay, her husband, now deceased. Appellant contends the contract is void for want of consideration, because it was procured by fraud, is unconscionable, and is against public policy. The trial court found that at the time the contract was entered into it was understood by both parties, who were of full age and under no disability, that there was a stated consideration and that the record discloses no duress, coercion, or overt…