270 F. 364 | D.C. Cir. | 1921
Lead Opinion
The parties to this suit are husband and wife living apart under a decree of divorce a mensa et thoro. The ap-pellee, as plaintiff, brought suit against the appellant for specific performance of an antenuptial agreement. A decree was entered in favor of the appellee, and the appellant, alleging error, brings the decree here, asking for its reversal.
Appellee married the appellant July 29, 1913. At that time he was
By it she was obligated to sign promptly all papers which the ap-pellee should present to her for the purpose of relinquishing her interest in his estate.
Having sold some real estate, appellee submitted to her a deed of conveyance for her signature. She refused to sign, except upon a condition to which he was not willing to consent. Thereupon he brought this suit. While it was pending the purchaser of the real estate intervened and asked that appellant be required to execute a quitclaim deed releasing to it, a corporation, her inchoate right of dower in the property, without prejudice to any claims she might have against the appellee. In answer to a rule upon her, she, through her counsel, in open court, expressed her willingness to" execute the conveyance. Thereupon the court, over the objection of the appellee, entered an order directing her to do so; subsequently she complied with the order.
“That the ruling of a trial court on the question as to who should open and «lose a case is merely upon a matter of practice not proper to be made the*366 subject of exception Or to be reviewed upon writ of error.” Overby v. Gordon, 13 App. D. C. 392, 406.
To the same effect, see Lancaster v. Collins, 115 U. S. 222, 225, 6 Sup. Ct. 33, 29 L. Ed. 373, and Hall v. Weare, 92 U. S. 728, 732, 23 L. Ed. 500.
We now come to the issues of fact with respect to the validity of the agreement. The court below found that the parties, before they definitely became engaged to marry, had in mind an arrangement by which the appellant was to give up her marital rights in the appellee’s property, that the appellant knew the nature of those rights, that she deliberately entered into the antenuptial agreement with a complete understanding of its terms, and that she knew that if the appellee should die as wealthy as he then was, leaving her his widow, her interest in his estate would be worth much more than the amount she received under the agreement. Have these findings any support in the testimony?
Appellee asserts that several times during the three or four months before their marriage the matter of an antenuptial agreement was discussed by them. She denies this, and says nothing was said about it until the draft of the agreement was submitted to her the day before their nuptials. He téstified that he paid the $30,000 recited in the agreement by delivering to her' his promissory note for $30,000 on the day the agreement was signed, though it was drawn, he says, some-days before. She takes issue with him, and says the note was delivered the previous day, and had no connection whatever with the-agreement, but was given in lieu of an annuity which she had been receiving from a benefactor, and which she was about to surrender. In response to a question her counsel admitted in open court that it was “absolutely so” that she understood that by signing the agreement and receiving the $30,000, she would waive her rights in the estate of her prospective husband. She concedes that she was aware, before she signed the agreement, that he was a man of abundant wealth, and admits knowledge at that time that a wife had some rights in her husband’s property and that she had heard of a “widow’s third.” He says-she thoroughly understood her rights, for they had discussed them often before the agreement was signed, and there is testimony showing, that the agreement was prepared at her request, so that he might understand that she was not marrying him for his property, but because of' the esteem in which she held him.
“Such findings will not bo set asido, unless it appears that there has been an error in law or a conclusion oí fact unwarranted by the evidence.”
In another case Mr. Justice Van Orsdel used this language:
“The appeal presents no question of fact of sufficient importance as a precedent to justify an extended review ol' the evidence. It was tried in open court, with full opportunity in the trial justice to observe the demeanor of witnesses and to judge of their veracity. In such cases the finding of the trial justice on questions of fact has much the same sanctity as the verdict of a jury, and will not be disturbed on appeal unless a mistake of judgment is so apparent as to demand a reversal.” McLarren v. McLarren, 45 App. D. C. 237, 238.
In Lawson v. United States Mining Co., 207 U. S. 1, 12, 28 Sup. Ct. 15, 19 (52 L. Ed. 65), this was said:
"With reference to the conclusion of the Court of Appeals it is sufficient to say that, if the testimony does not show that it is correct, it fails to show that it is wrong, and under those circumstances we are not justified in disturbing that conclusion. It is our duty to accept a finding of fact, unless clearly and manifestly wrong.”
It is the settled rule of procedure that where—
“the finding of the master or judge who saw the witnesses ‘depends upon conflicting testimony, or upon the credibility of witnesses, or so far as tliere is any testimony consistent with the finding, it must be treated as unassailable.’ ” Adamson v. Gilliland, 242 U. S. 350, 353, 37 Sup. Ct. 169, 170 (61 L. Ed. 356).
Bearing upon the same point are United States Trust Co. v. Blundon, 42 App. D. C. 500, 508, and Butte & Superior Copper Co., Ltd. v. Clark-Montana Realty Co. et al., 249 U. S. 12, 30, 39 Sup. Ct. 231, 63 L. Ed. 447.
For the reasons given, we are constrained to hold that the decree should be, and it is, affirmed, with costs.
Affirmed.
Dissenting Opinion
(dissenting). For two years prior to the marriage of Mrs. Snow, a friend, a lady of large means, had provided her with an annual income of $1,500, derived from a principal of the estimated value of $30,000. The evidence is clear and convincing that it was the intent of this friend to make this benefaction permanent. This appears from the uncontradicted testimony of the lady and her husband. Mrs. Snow became engaged to Snow on July
“You do not like this talk of money, but my conscience must have this anodyne — that, no matter what our future may be, you will be independent, and not worse off than I found you.”
I am fully convinced that the only consideration for the so-called an-tenuptial agreement subsequently signed by Mrs. Snow was this $30,-000, and that her signature to that agreement was obtained through subterfuge. Snow himself admits that at the time the agreement was signed he was possessed of more than $1,000,000, with an annual income of almost $70,000. It may be conceded that Mrs. Snow understood that he was a man of means, but wealth is a relative term. She undoubtedly would have considered $200,000 a very large sum, and Snow did not inform her as to the extent of his wealth.
It results, therefore, that this wife, a lady of character and refinement, has surrendered, without any actual consideration, her interest in an estate of more than $1,000,000. In my view, the explanation of the conduct of this man lies in the fact that his love of money has dwarfed and withered every other impulse.
I dissent.