197 N.W. 778 | N.D. | 1924
Lead Opinion
This is an equitable action to invalidate ante-
After the evidence was adduced, the complaint was amended in some unimportant details to conform to the evidence. The trial judge made extensive findings of fact. These findings and the facts show as follows: On February 19th, 1916, plaintiff and deceased Oharlson married. Then plaintiff was aged fifty-three years, deceased sixty-five years. Plaintiff was born in Wisconsin of Scandinavian parentage. Her schooling was limited. When seventeen years old she married one Larson, a farmer, with whom she lived some twenty-nine years, until his death. As a x*esult of this marriage, plaixxtiff had three surviving
The deceased was engaged in the mercantile business at Ray, N. D. His first wife died in 1914. As a result of his first marriage, he had five adult children two of whom, a daughter and a son, were associated with him in the mercantile business. One daughter, after the death of his first wife, lived with him and supervised his household affairs. In September, 1915, the daughter employed plaintiff as a housekeeper in the home of the deceased. Prior to this time, she had only a casual acquaintanceship with deceased. Plaintiff, while so emplojed, received from Charlson an offer of marriage which she refused. Then, in December, 1915, she ceased her employment and returned to the home of her daughter. Oharlson continued to visit her and to renew his offer of marriage. This offer was finally accepted and the date of the marriage set tentatively for the following summer. Oharlson advised his children of the proposed marriage. Thej made objections. Plaintiff, being advised of these objections by Charlson, requested cancellation of the betrothal. Further negotiations were had by Charlson with his children. Charlson then suggested to plaintiff that the objections of the children could be obviated by a property settlement. Charlson procured the preparation of a proposed antenuptial agreement drawn by an attorney at a distance from his home town. This antenuptial agreement was presented to plaintiff by Charlson and signed by her four days before their marriage. Then Charlson explained to her that she would be provided for. She had confidence in him and relied upon his statements. At the time of the execution of this agreement, plaintiff had no knowledge of her rights of inheritance in the event she survived him, and she was not informed thereof by Oharlson or anyone else.
In this antenuptial agreement, Charlson agreed to give to plaintiff during their married life the use and occupancy of the home of the deceased in Ray, North Dakota. Charlson agreed to maintain her as his wife in a manner suitable to his means and station in life. It was distinctly understood that such home should be and remain the property of the deceased, his heirs or assigns. Oharlson released any and all in-
The county court recognized as valid the antenuptial and postnuptial agreements on September 29th, 1919. It made a final decree. This final decree awarded to plaintiff the home which the county court, after consideration had with plaintiff and the children and the counsel of the children, determined should go absolutely to the wdfe, and also the sum of $1,500 and certain other absolute exemptions. Plaintiff had no knowledge of the contents of this decree except in a general way until December, 1920, when she employed counsel to investigate the matter and since that time she lias proceeded with dispatch. After the rendition of the final decree the children formed a corporation composed of the children. To this corporation all the lands owned by the deceased in North Dakota, Minnesota and Washington were conveyed.
Upon these findings of fact the trial court made conclusions of law that the antenuptial and postnuptial agreements, and agreements subsequently made ratifying the same, were void and of no effect; that the provision made for the widow was grossly disproportionate to the value of the estate of the deceased; that the appearance made by plaintiff in the course of' probate was made .without knowledge of her rights and
Contentions.
The defendants maintain that upon the record the final decree of distribution made in tbe county court is a binding judgment which plaintiff, through her gross laches is estopped to deny; that plaintiff has wholly failed to bring herself within the well recognized rules of law authorizing a court of equity to vacate or set aside such final binding decree of the county court; that this county court had power to pass upon and construe the rights of the parties and that plaintiff, by ber failure to use due diligence, acquiesced in the exercise of that power.' Further, that plaintiff was possessed of knowledge, or the means of knowledge, of property possessed by her deceased husband at the time of the execution of the antenuptial contract and at the time of the marriage; that the record fails to disclose any misrepresentations, concealment, or undue influence used upon or towards the plaintiff by her deceased husband or children concerning the antenuptial and postnuptial agreements or either of them.
Decision.
The law of the case was announced in the former appeal. Then this court announced that the complaint was sufficient as a cause of action in equity to set aside the antenuptial and postnuptial agreements.
In that opinion the court said, — “that the marriage relation of hus'band and wife is one of special confidence and trust requiring the utmost good faith, and equity closely and rigidly scrutinizes frans
Upon a careful review of the evidence we are of the opinion that the order and judgment of the trial court should not be disturbed. The trial judge possessed a superior opportunity in passing upon the evidence presented in this cause. Although this superior opportunity does not create any presumption that the findings are correct, nevertheless, it is a circumstance not without importance where evidence must be carefully weighed. Concerning the antenuptial agreement it must be noted that it deprived the prospective wife of all interest in her prospective husband’s property or estate excepting the doubtful provision concerning the home about which the county court had difficulty in interpretation. So far as this antenuptial agreement deprived the wife of her exemptions and statutory allowances it was to that extent illegal and contrary to public policy. Herr v. Herr, 45 N. D. 492, 178 N. W. 443. The postnuptial agreement, so-termed, relates to and must be considered as a part of the antenuptial agreement; otherwise doubtful questions would be presented concerning its validity. 30 C. J. 635, 638, 639. This postnuptial agreement gave to the plaintiff nothing she did not already possess of right, if she survived her husband.
Hollowing the law of the case as announced in the former appeal, it was competent for the trial court, exercising equitable powers concerning an antenuptial agreement that released practically all of the wife’s inchoate rights, to consider, whether the contract had been entered into with the utmost good faith; whether it was reasonable in its provisions; whether the prospective wife possessed full knowledge of the character and value of her intended husband’s property or was chargeable with such knowledge; whether the prospective husband in
Dissenting Opinion
(dissenting). I am unable to concur in the opinion of the majority of the court. The law of the case was laid down in the former opinion. The rule there enunciated that “the relation of husband and wife is one of special confidence and trust requiring the utmost good faith and equity closely and rigidly scrutinizes transactions between them to the end that injustice and opxiression may not residt. In such cases the principle of law is often applied that fraudulent concealment will be presumed and the burden of proof thrown on him, or those claiming under him, to show that full disclosure had been made where the provision made for the wife is grossly disproportionate to the value of the estate,” is established as the law in this case. Even so, it seems to me that the facts as shown by the record do not warrant the majority opinion.
Charlson was a widower, sixty-five years of age, with a family of grown children. The plaintiff was fifty-three years old, a widow. She had lived in the same community with Charlson for some time. She knew him slightly, and knew him to be in the mercantile business, prosperous, and a man of considerable property. She accepted employment in his household, composed of himself and an unmarried daughter, at a wage of $5 per week. Later lie wanted to marry her and she agreed. His children objected because of the fact that he was an old man, and if she married him she might inherit a considerable portion of his property. She knew these objections. The matter was talked over between her and Charlson, and it was decided that they should not be married. Charlson then suggested that the matter be arranged by eon-
It seems to me that, though the ruló be as heretofore stated, the circumstances disclosed by the record wholly overcome any presumption that might arise under that rule. It must also be remembered that the rule was first enunciated and most generally followed in those states where the wife bad the dower right, and where generally there was no separate property right in the wife. In this case, bad sbe not
The judgment of the district court should he reversed.