McFadden v. McFadden

Carl R. McFadden died intestate, and Zenith McFadden, his widow, petitioned the circuit court sitting in probate to have a house and lot set aside as her homestead. The administrator did not object, but the decedent’s sons and heirs objected upon the ground that Zenith had entered into a prenuptial agreement with their father whereby she had relinquished her right to claim a homestead exemption. The widow contended that the prenuptial agreement did not amount to a relinquishment of her homestead rights and that, if it did, she was deceived into executing it. The probate court overruled the…