Phelps v. Phelps

The decision in this case depends upon the construction that shall be given to the ante-nuptial agreement between the petitioner and her late husband, Michael Phelps, deceased.

Under our Statute of Wills, the -widow, in all cases, is allowed certain specific articles of property for the benefit of herself and family, and the petitioner in this case would be entitled to the benefit of that provision unless her right is barred by the terms of that agreement. The clause which it is insisted bars the right is as follows: “It is agreed that the

property of each shall be kept separate and distinct,…