In re Estate of Beeler

The opinion of the court was delivered by This appeal involves the validity of a postnuptial contract. John B. Beeler and Louise Beeler were married August 15, 1934. It was John's second and Louise's fourth marriage. They lived together as husband and wife on a farm until the early part of the year 1949 when, due to marital difficulties, they began negotiations and later entered into a postnuptial contract, after which they separated and lived apart but were never divorced. John B. Beeler died intestate January 26, 1951. His two surviving sons by a former marriage filed a petition in the probate court of Jewell county, for the appointment of administrators of the estate, setting up the fact that their father died intestate, and left surviving him as his only heirs at law, Louise Beeler his widow, and Richard Beeler and Jack Beeler his sons, alleging in the petition that Louise Beeler, for a good and valuable consideration, relinquished all her right of inheritance in all the property owned by John Beeler at the time of his death, and made a part of the petition the contract entered into between John and Louise on March 14, 1949, and, that by reason of the contract, Louise Beeler had no interest or right of inheritance in the estate of John B. Beeler, deceased. Richard and Jack Beeler were appointed administrators of the estate.