224 Pa. 413 | Pa. | 1909
Parties to an antenuptial contract for the disposition of their estates do not deal at arm's length but stand in a relation of mutual confidence and trust that calls for the highest degree of good faith in disclosing all circumstances bearing on the contemplated agreement. But fraud is not to be presumed and the onus of proof is not changed in the absence of evidence of facts or circumstances from which concealment or imposition may reasonably be inferred: Robinson's Estate, 222 Pa. 115.
There is no evidence as to what took place at the execution of the agreement that the appellant seeks to have set aside, and in the absence of all proof it is presumed that there was no designed concealment or imposition. By the terms of the agreement the decedent relinquished all claims to her estate and agreed that his executors should pay her $1,500. She agreed to become his “wife, caretaker and nurse "during his natural life, and renounced all claim to his estate. He was at the time eighty years of age and it was his third marriage. She was fifty-three. He had five children of his first marriage living and she was a widow with three children, two of whom were married and the third was a boy of seventeen who con-
The decree is affirmed.