258 N.C. App. 601
N.C. Ct. App.2018Background
- Thomas S. Sharpe (86) and Alma G. Seward (75) executed a prenuptial agreement on Nov. 4, 2009, then married Nov. 21, 2009; Sharpe died Jan. 14, 2016.
- Sharpe’s will devised his entire estate to an irrevocable trust benefiting his two adult children; the will left nothing to Seward.
- Seward (through counsel) petitioned for an elective share under N.C. Gen. Stat. § 30-3.1; the clerk granted the petition, and the executor (Sharpe’s son) appealed to superior court.
- The clerk made a finding stating the prenuptial agreement contained no clause waiving an elective share; the superior court reviewed that finding de novo as a legal conclusion.
- The prenuptial agreement expressly: (1) treated each party’s listed property as separate, (2) gave each exclusive management and disposal rights as if unmarried, (3) contained a waiver of claims to the other’s separate property under state law, and (4) bound heirs and personal representatives.
- Superior court held the agreement’s plain, unambiguous language waived Seward’s right to an elective share and affirmed; it also noted but did not rely on judicially noticed evidence (Seward’s later will) corroborating Seward’s understanding.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether the prenuptial agreement waived Seward’s statutory elective share | Prenuptial language is not sufficiently specific to waive an elective share; Napier requires express reference for waiver of certain spousal rights | Agreement’s plain terms waive any claim to the other’s separate property and bind heirs/representatives, so elective-share rights are waived | Waiver upheld: unambiguous contract language waived Seward’s right to an elective share |
| Whether superior court improperly took judicial notice of Seward’s will | Taking judicial notice of Seward’s will (not in evidence before clerk) was erroneous and prejudicial | Even if improper, Seward shows no prejudice; the court did not rely on the will for its decision | No reversible error: judicial notice (if error) was harmless and not outcome-determinative |
Key Cases Cited
- Lane v. Scarborough, 284 N.C. 407 (Supreme Court of N.C.) (contract terms showing parties would "acquire, hold, and dispose of property as though free and unmarried" can negate intent to retain estate claims)
- Napier v. Napier, 135 N.C. App. 364 (N.C. Ct. App.) (broad mutual-release language did not constitute an express waiver of alimony under controlling statute)
- Hagler v. Hagler, 319 N.C. 287 (Supreme Court of N.C.) (clear and unambiguous contract language is a question of law for the court)
- In re Estate of Heiman, 235 N.C. App. 53 (N.C. Ct. App.) (describing statutory elective-share scheme)