159 N.E. 790 | Ill. | 1927
George M. Blackburn, a resident of the village of Minier, in Tazewell county, seized of real estate in that county, died legally intestate, (Lawman v. Murphy,
The evidence shows that Blackburn's estate consisted of 200 acres of farm land near Minier, a residence property and business property in Minier worth about $62,150, and personal property worth about $21,467.70. Blackburn was married to appellee, Vitula C. Blackburn, who was the widow of a man named Clarke, October 31, 1924. He was then about eighty years of age and she was about fifty-eight. Prior to the marriage she resided on a farm of about 85 acres four miles from Minier and owned by her, worth about $15,000. October 30, 1924, she and Blackburn entered into the ante-nuptial contract here in question and acknowledged the same before a notary public, in which contract it was agreed that neither of the parties should have any right, title, estate or interest in any property, real or personal, of the other. It contained a provision that should appellee survive him, all of his estate at the time of his death should go to and be disposed of in like manner, in every respect, as if he had continued sole and unmarried. A like provision appears as to her property. The contract provided that the survivor should make no claim to any of the estate of the other which the survivor might be entitled to by virtue of the law or statute or otherwise. The evidence does not show that at the time of the making of this contract appellee had knowledge of *423 or was informed as to the amount or value of Blackburn's property.
About two or three weeks prior to the execution of the ante-nuptial contract Blackburn called on P.R. Murphy, a bank cashier in Minier, with some writing on a piece of paper, and told Murphy that he and Mrs. Clarke were going to get married and they wanted to draw up an agreement before they were married; that she was to retain her property and he was to retain his. Murphy told him that he would not do it, as that was the business of an attorney, and suggested getting John T. Ellif, who was then acting as Blackburn's attorney in settling up his first wife's estate. At the request of Blackburn Murphy sent for Ellif, who prepared the ante-nuptial contract in question. Ellif was called as a witness for appellee and testified to statements made to him by Blackburn on the subject of his anticipated marriage with Mrs. Clarke. Appellants insist that the relation of attorney and client existed between Ellif and Blackburn and that these conversations were privileged communications and therefore not competent evidence. If this question is properly raised, the admission of Ellif's testimony would not necessitate a reversal of this decree. In order to render a communication between attorney and client privileged, it must relate to some matter about which the client is seeking advice or be made to put the attorney in possession of information supposed to be necessary to enable him to properly advise the client. The mere disclosure of reasons moving the client to make a contract which the attorney is called on to prepare under the client's directions and about which no legal advice is asked or required is not privileged. (Champion v. McCarthy,
It is contended by appellants that the burden was upon appellee, seeking to repudiate the ante-nuptial contract, to show that there was an existing marriage engagement at the time the contract was entered into, and that appellee has failed to make such proof. The contract was entered into the day before the marriage was solemnized. It recites: "Whereas it is the intention of the parties hereto to enter into a marriage contract, which said marriage is shortly to be solemnized by and between said parties." This contract differs from the contracts in Martin v. Collison,
It is contended by appellants that the execution of the ante-nuptial contract having been proved and there being no evidence that appellee had not full information as to her husband's means, the contract should not have been disregarded and that the decree rendered was erroneous. Parties having legal capacity to contract may make a valid ante-nuptial contract. Where the intended wife had knowledge, or reasonably ought to have had knowledge, of the character and extent of the husband's property, an agreement will be held valid if executed by the intended wife re-leasing *425
her right as widow in the husband's estate in consideration of the covenants and agreements of the husband in the ante-nuptial contract, but when the parties are engaged to Le married before the contract is entered into, a confidential relation exists, and if the provision made for the wife is disproportionate to the extent and value of the husband's estate the presumption is raised of intentional concealment by the intended husband, and the burden is on those claiming the validity of the contract to prove the intended wife had full knowledge. (Parker v. Gray,
The decree of the circuit court is therefore affirmed.
Decree affirmed. *426