In re the Estate of Margaret Peteler Bush, a/k/a Margaret Bush

Syllabus

A few weeks before appellant David Bush and Margaret Peteler Bush (Peg) were set to be married, Bush signed an antenuptial agreement at Peg's behest. Almost 20 years later, Peg passed away. Her brother, David Peteler, subsequently petitioned for formal For ease of reference, we use \Peg\ to distinguish Peg Bush from appellant Bush. adjudication of intestacy, determination of heirs, and appointment of personal representative. Bush objected to the petition and sought to void the antenuptial agreement. After summary-judgment motions were filed, the district court determined that the antenuptial agreement was valid and enforceable because it was procedurally fair. Bush challenges that decision, arguing that the antenuptial agreement is not valid and enforceable because it is unfair both procedurally and substantively. We affirm the district court's determination that the antenuptial agreement is procedurally fair, but we reverse in part and remand because the district court failed to address substantive fairness, and issues of material fact preclude summary judgment on that issue.