Burns v. Spiker

The opinion of the court was delivered by ■

MASON, J.:

Sarah E. Burns, the widow of John T. Burns, brought this action against his four children by a former wife, and other defendants, the principal purpose being to procure a division of his estate under the law of descents and distributions instead of according to the terms of a written ante-nuptial agreement and a will to which she had given her consent in writing, both of which instruments she claims to be invalid. Judgment was rendered against her and she appeals.

1. The plaintiff contends that the provisions of the ante-nuptial contract are…