Mays v. Mullins

547 S.W.3d 474
CourtCourt of Appeals of Arkansas
DecidedMarch 14, 2018
DocketNo. CV–17–726
StatusPublished

This text of 547 S.W.3d 474 (Mays v. Mullins) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mays v. Mullins, 547 S.W.3d 474 (Ark. Ct. App. 2018).

Opinion

N. MARK KLAPPENBACH, Judge

Appellant Kathy Frazier Mays appeals the May 2017 order entered by the Pulaski County Circuit Court, probate division, finding that she failed to establish the invalidity of an antenuptial agreement. The parties to the 1995 antenuptial agreement were Kathy and Sedrick Mays. Sedrick died in June 2015. Kathy argues on appeal that the trial court's finding that the antenuptial agreement was enforceable against her is clearly erroneous and must be reversed. We disagree with her argument and affirm.

The appellate court reviews probate proceedings de novo but will not reverse the decision of the probate court unless it is clearly erroneous. Seymour v. Biehslich , 371 Ark. 359, 266 S.W.3d 722 (2007). A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed. Id. We must defer to the superior position of the lower court sitting in a probate matter to weigh the credibility of the witnesses. Patton v. Fulmer , 2016 Ark. App. 260, 492 S.W.3d 512. To the extent that the appellate court reviews questions of law, that review is de novo. Estate of Taylor v. MCSA, LLC , 2013 Ark. 429, 430 S.W.3d 120 ; Broussard v. St. Edward Mercy Health Sys., Inc. , 2012 Ark. 14, 386 S.W.3d 385.

Arkansas law has long recognized the validity of premarital1 agreements. See , e.g. , Oliphant v. Oliphant , 177 Ark. 613, 7 S.W.2d 783 (1928). In Arkansas, *476a premarital agreement is valid if it was freely entered into and is free from fraud and not inequitable. Arnold v. Arnold , 261 Ark. 734, 553 S.W.2d 251 (1977) ; Gooch v. Gooch , 10 Ark. App. 432, 664 S.W.2d 900 (1984). Parties contemplating marriage may, by agreement, fix the rights of each in the property of the other differently than established by law. Banks v. Evans , 347 Ark. 383, 64 S.W.3d 746 (2002) ; Hughes v. Hughes , 251 Ark. 63, 471 S.W.2d 355 (1971). In determining the fairness or equity of the agreement, the court may consider the parties' respective stations in life, their experiences and educations, and their knowledge of financial and legal matters. Banks , supra ; Gooch , supra.

At issue here is the enforcement of a premarital agreement, governed by Arkansas Code Annotated section 9-11-406, which provides in relevant part as follows:

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) that party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
....
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

This law places the burden on the party contesting the agreement to prove its invalidity. Branch v. Branch , 2016 Ark. App. 613, 508 S.W.3d 911. To prevail under this statute, it was Kathy's burden to establish either that she did not execute the agreement voluntarily, or that all of the following existed: (1) that the agreement was unconscionable; (2) that, before the execution of the premarital agreement, she was not provided a fair and reasonable disclosure of Sedrick's property or his financial obligations; (3) that, before the execution of the premarital agreement, she did not voluntarily and expressly waive, after consulting with legal counsel, in writing, any right to disclosure of Sedrick's property or financial obligations beyond the disclosures provided; and (4) that, before the execution of the premarital agreement, she did not have, or reasonably could not have had, an adequate knowledge of Sedrick's property or financial obligations. Id. at 3-4, 508 S.W.3d at 914-15.

With these principles in mind, we examine the facts of this case. Sedrick Mays was the owner and operator of Kitchen Express, a restaurant in Little Rock, Arkansas.

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Related

Gulfco of Louisiana, Inc. v. Brantley
2013 Ark. 367 (Supreme Court of Arkansas, 2013)
Hughes v. Hughes
471 S.W.2d 355 (Supreme Court of Arkansas, 1971)
Seymour v. Biehslich
266 S.W.3d 722 (Supreme Court of Arkansas, 2007)
Banks v. Evans
64 S.W.3d 746 (Supreme Court of Arkansas, 2002)
Jordan v. Diamond Equipment & Supply Co.
207 S.W.3d 525 (Supreme Court of Arkansas, 2005)
Matter of Estate of Davidson
839 S.W.2d 214 (Supreme Court of Arkansas, 1992)
Gooch v. Gooch
664 S.W.2d 900 (Court of Appeals of Arkansas, 1984)
Arnold v. Arnold
553 S.W.2d 251 (Supreme Court of Arkansas, 1977)
Estate of Taylor v. MCSA, LLC
2013 Ark. 429 (Supreme Court of Arkansas, 2013)
Ggnsc Holdings, LLC v. Lamb Ex Rel. Williams
2016 Ark. 101 (Supreme Court of Arkansas, 2016)
Patton v. Fulmer
2016 Ark. App. 260 (Court of Appeals of Arkansas, 2016)
Oliphant v. Oliphant
7 S.W.2d 783 (Supreme Court of Arkansas, 1928)
Branch v. Branch
2016 Ark. App. 613 (Court of Appeals of Arkansas, 2016)
Baptist Health v. Murphy
2010 Ark. 358 (Supreme Court of Arkansas, 2010)
Minton v. Minton
374 S.W.3d 818 (Court of Appeals of Arkansas, 2010)
Broussard v. St. Edward Mercy Health System, Inc.
2012 Ark. 14 (Supreme Court of Arkansas, 2012)

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Bluebook (online)
547 S.W.3d 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mays-v-mullins-arkctapp-2018.