In re Estate of Brown

The opinion of the court was delivered by This was an action by plaintiff Bessie Ally, now Bessie Ally Brown Axton, to construe the terms of an antenuptial contract entered into between her and A.J. Brown, now deceased, and to recover against Brown's estate money due her under the terms of the contract. The pertinent facts follow. In April, 1943, A.J. Brown, the deceased, then seventy-two years of age, a retired railroad employee, successful farmer and businessman, and Bessie Ally, a well-to-do widow, since remarried, plaintiff (appellant), then fifty years of age, were contemplating marriage. Each had had one prior marriage. Brown had two grandchildren, Ralph Alter and Geraldine Anderson (appellees), children of his deceased daughter; Bessie Ally had one daughter. At the time of the contemplated marriage each of the parties owned a considerable amount of both personal and real property, and, desiring to protect their separate property for the benefit of their respective children, sought the legal services of Mr. Dallas Knapp to prepare an antenuptial contract governing such rights. The contract was prepared, the parties signed it, and on April 28, 1943, they were married.