Issues

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Nature Of The Case

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Facts

Gabriel (H) and W were married. On the night before the wedding, H presented and read an antenuptial agreement to W. W was not able to speak English. As part of the agreement, W was to get $40 per year and a life estate in the family home. After 17 years, H died. Kline and Bean (Ps) south to enforce the agreement. W was 70 and without children. W alleged at trial H concealed from her his true financial condition and that as a result, she entered the agreement with inadequate consideration. W contends that it was P’s burden to show that she was fully informed of the nature and extent of H’s financial condition. The court held that it was on W to determine the amount of H’s property and he was not bound to do so because the parties were dealing at arm's length. The verdict was for P and W appealed.

Holding & Decision

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Legal Analysis

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