Moore v. Schermerhorn

This is an appeal by Fred L. Moore, surviving husband of Lula Schermerhorn Moore, deceased, from an order of the probate court denying his claim that there be set aside for him under ORS 116.010 * certain real and personal property of her estate which was exempt from execution. The basis for denying the claim was a prenuptial agreement executed by the parties the day before their marriage. The issues presented involve the interpretation and validity of the prenuptial agreement.

Fred L. Moore and Lula Schermerhorn had each been married prior to their marriage to each other. He had sons by his…