130 Ky. 797 | Ky. Ct. App. | 1908
Opinion of the Court by
Affirming.
Louis Settles died in Daviess county intestate. He was then residing on his farm, about two miles from ' the city of Owensboro, and was survived by bis wife, the appellant, Kate Settles, and four adult sons by
Waiving all questions raised by appellees as to the
It is a signifiicant circumstance that no witness introduced by her testified to any act or declaration of the deceased husband that indicated any effort on his part to conceal from appellant’s knowledge what property he had or its value; and there was no proof whatever of his making any representation that was untrue, or holding out any improper inducement to her to enter into or execute the marriage contract. On the contrary, there was much testimony conducing to prove that appellant’s mother and brother were consulted by the decedent on the subject of his marriage to her. Indeed, the mother and' brother, with whom appellant and her two children were then living, in Washington county both testified that the intestate, two days before the marriage, and before the antenuptial contract was signed or acknowledged, asked their consent to his marriage with appellant, although such consent was not legally necessary, and also requested each of them to read the contract in question, which he handed them for that purpose, accompanying the act with a statement as to its provision for the benefit of appellant’s children in
There was no evidence that tended to show that appellant was incapable of understanding the contract ; and, this béing true and appellant being of full age, it must he taken for granted that she possessed the necessary capacity to understand the contract and was in eyery way qualified to enter into it. Prom the execution of the ante-nuptial contract down to the death of her husband appellant was never heard to complain of or object to its provisions. She was evidently satisfied with it until after his death, and as a circumstance tending to show that she was not uninformed at the time of executing the contract as to the quantity and value of bis estate she told the witness
We are not aware that this court has ever condemned an ante-nuptial contract made under such circumstances as attended the execution of this one. On the contrary, it has in several instances sustained such contracts made under similar circumstances, upon the ground that the intended marriage alone, in the absence of fraud, concealment, or duress, was a
The judgment is therefore affirmed.