81 Iowa 172 | Iowa | 1890
This agreement was executed and acknowledged July 3, 1877. The parties had resided in the same vicinity, and had been acquainted for about twenty-five years, a part of the time being near neighbors. At the time the agreement ,was signed, Mr. Peet was a widower, fifty-six years old, with a family of three children. The eldest, the plaintiff, was married and living in his own home; the second, a son, then about of age, and the youngest, a daughter, aged thirteen, residing with their father. Mr. Peet then, and at his death, owned property worth fifty thousand dollars or more. The appellant was fifty-two years old. She had been divorced
Though both were advanced in years, yet their relation was one of confidence, and called for the utmost frankness and good faith on the part of James M. Peet. Appellant’s long acquaintance with deceased and his family warrants the conclusion that she had a general knowledge as to the extent of his property. Her testimony discloses a degree of intelligence and knowledge of facts that satisfy us that she had a general knowledge of the rights that she, as his wife, would have in his property. Though the agreement was not
It is argued that the agreement is so illiberal in its provisions for the support of appellant as to evidence that she acted under undue influence in executing it, and that it is so unreasonable and unconscionable that it should not be enforced. It cannot be said that the provision for Mrs. Peet’s support is liberal, and yet it was such an agreement as the parties were at liberty to make, and as the law will sustain when fairly made. Appellee urges that it was not illiberal, because it does not bar appellant of her rights in the personal assets of the estate. As this question only - arises incidentally, and all the legatees are not parties to this action, we do not pass upon it.
In view of all 'the circumstances, we do not think the agreement is so unreasonable as to show undue influence. Mrs. Peet had not contributed to the accumulation of the estate, and was not likely to aid in its