Gilbert v. Gilbert

161 A.2d 295 (Chancery Division 1960)

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Nature of the Case

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Facts

W met H in 1949, and H wanted W to marry him. W refused to do so until H made a suitable property settlement on her prior to the marriage. H offered a home, and a housekeeper and P accepted the offer provided that it would be reduced to writing and signed by both parties. With the marriage date coming up W insisted that she would not marry unless the transaction was completed. H then executed a will in which he left W certain real property and one-third of whatever cash H had in the bank. Upon reliance that the will would not change, W and H got married Eventually H made a will that left everything to his children. H died, and the will was entered into probate. W filed an exception to the will in the probate court. W sought a judgment that the execution of the will that left all to the children was in violation of her prenuptial agreement that she had with H and that the will of August 27, 1949, was irrevocable without her consent except if the new will was in her favor. W contends that a fraud was committed upon her and the statute of frauds may not be raised as a defense to shield a fraud.