In re Estate of Sweet

25 Pa. D. & C.3d 357, 1982 Pa. Dist. & Cnty. Dec. LEXIS 229
CourtPennsylvania Orphans' Court, Mercer County
DecidedOctober 21, 1982
DocketRegister’s no. 39277
StatusPublished

This text of 25 Pa. D. & C.3d 357 (In re Estate of Sweet) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Mercer County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Sweet, 25 Pa. D. & C.3d 357, 1982 Pa. Dist. & Cnty. Dec. LEXIS 229 (Pa. Super. Ct. 1982).

Opinion

STRANAHAN, P.J.,

FINDINGS OF FACT

And now, October 1, 1982, this court having conducted an evidentiary hearing in this matter makes the following findings of fact:

1. Wade L. Sweet resided at 5 Rosedale Avenue, Greenville, Pa., and died on May 9, 1982. At that [358]*358time he was married to Nellie Sweet. The marriage occurred on March 21, 1981.

2. At the time of the marriage, Nellie Sweet was 75 years old and Wade L. Sweet was 87 years old. The parties had known each other for a couple of years and had agreed to marry in January of 1981.

3. Plimpton Graul, Jr. is an attorney who maintains an office in Greenville, Pa., and is licensed to practice in the Commonwealth.

4. Mr. Graul met with decedent and his wife in his office on February 17, 1981. At that time, the parties were not married, but were contemplating matrimony, and a discussion was held with Mr. Graul concerning the desire of the parties that the children of each party should inherit from the parent, and that the property should not go to the spouse. Mr. Graul suggested that there be an antenuptial agreement prepared together with the wills, which would be executed by the parties.

5. On February 19, 1981 a second meeting was held in Mr. Graul’s office. At that time, he had prepared the antenuptial agreement which was executed by both Mr. and Mrs. Sweet, and also had prepared separate wills for each of the parties which were also executed at that time.

6. The antenuptial agreement was made from a form which appears in the Pennsylvania Transactions Guide at pages 241-32 and 241-33. Copies of these pages have been offered and received into evidence.

7. During the two meetings referred to above, there was no specific discussion held in regard to the assets owned by each of the parties. Mr. Graul did get the impression that each was aware of what the other owned, but he recalls no discussion as to the specific type of assets owned by each other.

8. While the meeting was instigated by dece[359]*359dent, Mr. Graul was serving as counsel for both parties at the time of the meeting. Mrs. Nellie Sweet was not represented by separate counsel, but did participate in the discussion with her husband and Mr. Graul.

9. OnFebruary 19,1981, Mr. Graul had prepared the papers and the parties read both the antenuptial agreement and the wills, asked no questions and executed the documents.

10. Mrs. Sweet had talked with her husband prior to their marriage about entering into an arrangement whereby the children of each of the parties would inherit the entire estate. She does not recall a specific discussion of assets by the parties prior to the execution of the antenuptial agreement and the wills, but she does recall that decedent owned a home, and that he said he had some bank stock, a hospitalization policy that covered him, and a small amount of life insurance. The knowledge concerning the bank stock, hospitalization and insurance policy was acquired by the wife after the execution of the antenuptial agreement,

11. Mr. Sweet had no knowledge of the assets of Mrs. Sweet prior to the execution of the antenuptial agreement, other than that information that may have been gained from their association.

12. If decedent had told Nellie Sweet that he was worth $40,000 at the time the antenuptial agreement was signed, she still would have signed the agreement.

DISCUSSION

The law in Pennsylvania concerning antenuptial agreements is relatively clear. The agreement is presumed to be valid: Friedman Estate, 483 Pa. 614, 398 A. 2d 615 (1979); Hillgrass Estate, 431 Pa. [360]*360144, 244 A. 2d 672 (1968). Also, the spouse seeking to avoid or nullify the agreement must prove by clear and convincing evidence that the deceased spouse, at the time the agreement was executed, made neither a reasonable provision for the surviving spouse nor a full and fair disclosure of the value of his assets: Id. at 150, 244 A. 2d at 675, Gelb Estate, 425 Pa. 117, 123, 228 A. 2d 367, 370 (1967); Kaufman Estate, 404 Pa. 131, 136, 171 A. 2d 48, 50 (1961).

It is conceded that the agreement here did not contain any provision in favor of Mrs. Sweet. Mr. Sweet also did not provide for Mrs. Sweet in his will which was consistent with their understanding that the property of each would be left to the children from their prior marriages. Because there was no provision in Mrs. Sweet’s favor, she need not prove the first element of the above test. Nevertheless, in order to avoid the effect of her agreement, she must prove by clear and convincing evidence that Mr. Sweet failed to fully and fairly disclose the value of his assets.

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Related

Friedman v. Schoolman
398 A.2d 615 (Supreme Court of Pennsylvania, 1979)
Hughes v. Bailey
195 A.2d 281 (Superior Court of Pennsylvania, 1963)
Gelb Estate
228 A.2d 367 (Supreme Court of Pennsylvania, 1967)
Kaufmann Estate
171 A.2d 48 (Supreme Court of Pennsylvania, 1961)
Hillegass Estate
244 A.2d 672 (Supreme Court of Pennsylvania, 1968)
Emery Estate
66 A.2d 262 (Supreme Court of Pennsylvania, 1949)
McCready's Estate
175 A. 554 (Supreme Court of Pennsylvania, 1934)
Holwig Estate
33 A.2d 915 (Supreme Court of Pennsylvania, 1943)
Appeal of Neely
16 A. 883 (Supreme Court of Pennsylvania, 1889)
Vallish Estate
244 A.2d 745 (Supreme Court of Pennsylvania, 1968)

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Bluebook (online)
25 Pa. D. & C.3d 357, 1982 Pa. Dist. & Cnty. Dec. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-sweet-paorphctmercer-1982.