Evelyn Hawley Kennedy v. Francis W. Hill, Jr., of the Estate of Edgar S. Kennedy, Deceased

D.C. Circuit

Evelyn Hawley Kennedy v. Francis W. Hill, Jr., of the Estate of Edgar S. Kennedy, Deceased

262 F.2d 26, 104 U.S. App. D.C. 314, 1958 U.S. App. LEXIS 3387

CourtCourt of Appeals for the D.C. Circuit

DecidedNovember 20, 1958

Docket14441_1

StatusPublished

This text of 262 F.2d 26 (Evelyn Hawley Kennedy v. Francis W. Hill, Jr., of the Estate of Edgar S. Kennedy, Deceased) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evelyn Hawley Kennedy v. Francis W. Hill, Jr., of the Estate of Edgar S. Kennedy, Deceased, 262 F.2d 26, 104 U.S. App. D.C. 314, 1958 U.S. App. LEXIS 3387 (D.C. Cir. 1958).

Pincite

Opinion

PER CURIAM.

On October 19, 1949, Evelyn Hawley Kennedy married Edgar S. Kennedy, who was then about 80 years of age. They lived together until the spring of 1950, when a separation occurred. Negotiations for a financial settlement immediately began between the attorneys for the parties and culminated in an agreement dated and signed March 15, 1951. By its terms, the wife acknowledged the payment of $50,000 in satisfaction of all claims against her husband and his estate for support, maintenance, alimony or necessaries, and also in satisfaction of any claims she might have against Mary K. Nelms and Ida H. Sisson, relatives of .her husband who she “inferred” had been influential in breaking up the marriage.

The husband died' in August, 1953, and on October 1, 1956, Mrs. Kennedy filed this suit against his executors and beneficiaries. She sought to set aside the settlement contract as fraudulently obtained, to enjoin an immediate distribution of her husband’s estate, and to *27 obtain her distributable share as though .there had been no settlement.

After taking Mrs. Kennedy’s deposition, in which she disclaimed reliance upon the alleged fraud, the defendants moved for and were granted summary .judgment. This appeal followed.

We have carefully examined the record and find no error.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

On October 19, 1949, Evelyn Hawley Kennedy married Edgar S. Kennedy, who was then about 80 years of age. They lived together until the spring of 1950, when a separation occurred. Negotiations for a financial settlement immediately began between the attorneys for the parties and culminated in an agreement dated and signed March 15, 1951. By its terms, the wife acknowledged the payment of $50,000 in satisfaction of all claims against her husband and his estate for support, maintenance, alimony or necessaries, and also in satisfaction of any claims she might have against Mary K. Nelms and Ida H. Sisson, relatives of .her husband who she “inferred” had been influential in breaking up the marriage.

The husband died' in August, 1953, and on October 1, 1956, Mrs. Kennedy filed this suit against his executors and beneficiaries. She sought to set aside the settlement contract as fraudulently obtained, to enjoin an immediate distribution of her husband’s estate, and to *27 obtain her distributable share as though .there had been no settlement.

After taking Mrs. Kennedy’s deposition, in which she disclaimed reliance upon the alleged fraud, the defendants moved for and were granted summary .judgment. This appeal followed.

We have carefully examined the record and find no error.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

262 F.2d 26, 104 U.S. App. D.C. 314, 1958 U.S. App. LEXIS 3387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evelyn-hawley-kennedy-v-francis-w-hill-jr-of-the-estate-of-edgar-s-cadc-1958.