Marty v. Marty

Citations

• 111 Kan. 120
• 206 P. 324
• 1922 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Postnuptial Agreement — Husband and Wife — Descents and Distributions— Will. An agreement was made between a husband and wife shortly after marriage in these words:</p> <p>“The undersigned, Jacob J. Marti and Caroline Marti, his wife, both of Grantfork, Madison Co., Illinois, hereby mutually agree that the property both real and personal owned at the present time by each of us, remain intact for the benefit of each one children. That neither party desires to disturb the property rights as existing at the present time.”</p> <p>Subsequently the husband made a will devising all of his property to his children. After his death the widow claimed a share of the property and elected to take under the statute of descents and distributions. Held, that under the agreement each party relinquished the right of inheritance in the property of the other.</p>