42 So. 2d 461 | Ala. | 1949
Bill in equity by appellant, as the wife of Robert J. Norrell, deceased, against his devisees and the executor under his will, to have declared appellant's dower, homestead, and quarantine rights in his real estate.
Appellant and Norrell intermarried in December, 1939, and lived together spasmodically for a total period of only a few months. He died testate in 1946, seized of certain realty consisting of about 230 acres in Madison County, Alabama, and personalty of nominal value. By his will his entire estate was devised and bequeathed to his son and daughter, the children of his first marriage, two of the appellees in this case. Appellant at the time of the marriage also owned property in Guntersville, Alabama.
In defense of the bill the appellees made answer by setting forth and exhibiting a duly executed ante-nuptial agreement between appellant and her deceased husband, made immediately prior to the marriage, which provided substantially that the parties did mutually agree to relinquish any and all rights in the properties of each other upon the death of either party.
On a final submission of the case on evidence taken before the register, the lower court dismissed the bill and from this adverse decree the appeal has proceeded.
Ante-nuptial contracts between intended husband and wife have long been enforced in courts of equity, Webb v. Webb's Heirs,
The governing principle as regards the enforcibility of such contracts on the part of the husband or his representative is perhaps best expressed in Merchants' Nat. Bank v. Hubbard, supra, wherein the court said: "* * * we think the rule requires that the consideration be adequate, and the entire transaction fair, just, and equitable from the wife's view, or that it was freely and voluntarily entered into with competent independent advice and full knowledge of her interest in the estate and its approximate value, and that the husband or his representatives have the burden in that respect."
Decision here turns on whether this ante-nuptial agreement, under the evidence as adduced, meets the requirement of that rule.
From the evidence it appears, and the lower court so found, that the properties owned by the respective parties immediately prior to their marriage were about of equal value and we cannot with any degree of certainty take issue with this finding having in mind that the matter cannot be determined with exact mathematical accuracy and that the court is not "disposed to institute a nice comparison," just so there is no great disparity in value. Webb v. Webb's Heirs, supra,
We do not regard the cases of Collier v. Tatum,
The case in hand, as heretofore noticed, presents an entirely different factual picture. Here the consideration was established to be reasonably adequate, both relinquishing valuable rights in the other's properties and, according to the attorney who prepared the document, appellant seemingly exhibited as much or perhaps more eagerness for its execution than did Norrell. As stated, appellant admitted knowledge of the effect of the instrument when on cross-examination appellee's attorney propounded the following question: "Did he [the attorney who drafted the instrument and who was present at the execution thereof] tell you by signing this you gave up your interest in and to his properties * * *" to which she replied, "Yes sir."
After viewing the whole evidence, we find no escape from the conclusion that the ante-nuptial agreement was equitable from the wife's point of view, that the entire transaction was fair, well-understood by her, and that the contract was mutual in its operation and legal effect, and rested upon a reasonably adequate consideration. So considered, it must be upheld. Merchants' Nat. Bank v. Hubbard, supra; Barker v. Barker, supra; Rash v. Bogart,
It results, therefore, that the decree of the circuit court dismissing the appellant's bill must be sustained.
Affirmed.
BROWN, FOSTER and LAWSON, JJ., concur.