In Re Hepinstall's Estate

This is an appeal which originally came from the probate court of Midland county, Michigan, and involves the effect of an antenuptial agreement.

The facts have been stipulated and such of them as are necessary to decision are hereinafter related. James D. Hepinstall and Gertrude Tibbitts entered into an antenuptial agreement on June 19, 1942, which contained the following provisions:

"Now therefore, it is hereby mutually agreed as follows:

"The party of the second part Gertrude Tibbitts in consideration of the agreement herein contained hereby waives and releases to the said James D. Hepinstall…