Robinson v. Robinson

64 So. 3d 1067, 2010 Ala. Civ. App. LEXIS 378, 2010 WL 5030120
CourtCourt of Civil Appeals of Alabama
DecidedDecember 10, 2010
Docket2090682
StatusPublished
Cited by4 cases

This text of 64 So. 3d 1067 (Robinson v. Robinson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Robinson, 64 So. 3d 1067, 2010 Ala. Civ. App. LEXIS 378, 2010 WL 5030120 (Ala. Ct. App. 2010).

Opinion

THOMPSON, Presiding Judge.

Mary Texas Garner Robinson (“the wife”) appeals from a judgment of the Jackson Circuit Court holding invalid a [1069]*1069antenuptial agreement into which she had entered with John Lawson Robinson (“the husband”). For the reasons set forth herein, we reverse the trial court’s judgment.

The husband and the wife became engaged in the spring of 1987. It is undisputed that, at the time of the parties’ engagement, the wife’s family owned a substantial amount of real property. During the summer of 1987, the wife employed Bill White, an attorney who had previously performed some legal work for the wife and the wife’s family, to prepare an ante-nuptial agreement (“the agreement”) for the parties to execute. On August 26, 1987, White sent a draft of the agreement to the wife, who shared it with the husband. In addition to providing that the husband would relinquish any claim to certain property the wife owned or stood to inherit, the agreement provided that the husband acknowledged that White represented only the wife and that the husband had the right to employ his own legal counsel to represent his interests with regard to the agreement. The husband thereafter began preparing a handwritten draft of an antenuptial agreement. The handwritten draft was provided to White, and he incorporated it into his final draft of the agreement.

The parties executed the final draft of the agreement on September 9,1987, three days before their wedding. In pertinent part, the agreement provided:

“1. This Agreement is entered into in consideration of marriage, and its effectiveness is expressly conditioned on such marriage between the parties actually taking place; and if, for any reason, the marriage is not consummated, this Agreement will be of no force or effect.
“2. A full and complete disclosure of all property owned by each of the parties, both real and personal, tangible and intangible, has been made to each other. It is stipulated and agreed by and between the parties hereto that the [wife] is, at the time of the execution of this Agreement, the owner of the following described property and it is further stipulated and agreed by and between the parties hereto that the [husband] does not own or have an interest in any of said property, which property is more particularly described as follows:
“A. A one-fourth (1/4) undivided interest in and to the following tracts or parcels of real property located in Jackson County, Alabama, to wit: [Paragraphs 2.A.(a)-(f) describe six parcels of real property containing several hundred acres of land.]
“B. Shares of the capital stock of Colonial Bank, Southtrust Corporation and Central Bank.
“C. Funds held in Certificates of Deposit issued by City Federal Savings of New Jersey, and any accumulations to or reinvestments of such funds.
“D. Any vested or contingent interests held or acquired by virtue of any Trust Indentures executed or established by Mary Texas Hurt Garner, the mother of the [wife].
“It is further, stipulated and agreed by and between the parties hereto that the [husband] is at the time of the execution of this Agreement, the owner of the following described property and it is further stipulated and agreed by and between the parties that the [wife] does not own or have any interest in the following described property:
“E. One (1) acre more or less known as Lot # 9 located in the Kidd-Bagwell Subdivision being in Section 21, Township 8, Range 7, DeKalb County, Alabama.
[1070]*1070“F. One (1) acre more or less known as Lot # 10 located in the Kidd-Bagwell Subdivision being in Section 21, Township 8, Range 7, De-Kalb County, Alabama.
“G. One (1) acre more or less known as Lot #11 located in the Kidd-Bagwell Subdivision being in Section 21, Township 8, Range 7, De-Kalb County, Alabama.
“H. An undivided one-third (1/3) interest in the [husbandj’s family farm [on] which he grew up. This farm is located [in] Dawson, Alabama 35963, DeKalb County, Alabama. (A legal description is not available at the time of the execution of this Agreement; however, its location is known by both parties to this Agreement.)
“I. A one (1) acre lot known as Lot # 6 located in Ta-Co-Bet Cliffs Subdivision, Section 31, Township 5, Range 7E, Jackson County, Alabama.
“J. A gun collection which includes rifles, shotguns, and pistols considered to be worth several thousand dollars.
“3. The [wife] has, further, made a full and complete disclosure to [the husband] of the nature, extent, and probable value of all property and other assets, including contingent, limited or remainder interests in same, which she may in the future acquire by gift, bequest, devise, inheritance, purchase, or operation of law from her mother, Mary Texas Hurt Garner; her brother, William Texas Garner; her uncle, John Frank Hurt, and other ancestors, or from any trusts established or to be established by such persons. Although such property and assets are, at the time of the execution of this Agreement, expectancies and not necessarily vested interests, it is the intention and purpose of the parties hereto that such expectancies be treated in all respects under this Agreement as vested interests in the [wife], and that any such property or interests, when later vested, be deemed the separate property and estate of the [wife], and the [husband] does hereby waive and release all present or future rights, claims, title, and interest, in law and equity which he might, by reason of his marriage to [the wife], acquire in or to such property, assets and expectancies.
“4. Except as herein provided, the [husband] does hereby covenant and agree with the [wife] that he will neither during the lifetime of the [wife] nor after her death take, claim, demand or receive, and does hereby waive and release all rights, claims, titles and interest, actual, inchoate, or contingent, in law and equity which he might, by reason of his marriage to [the wife], acquire in or to the above-described property or estate of [the wife], including, but not limited to:
“A. The right or claim of homestead, dower or curtesy, or any statutory substitute therefor, as provided by the statutes of the state in which the [wife] dies domiciled or in which she may own real property;
“B. The right to any statutory exemptions, alimony, support or allowance;
“C. The right of election to take against the Last Will and Testament of the [wife];
“D. The right to a statutory or distributive share in the estate of the [wife] should she die intestate.
“Such waiver and release by the [husband] are specifically limited to rights, claims, title, or interest in and to the property and estate identified in paragraph 2(A) through 2(D), inclusive, and the expectancies as described in paragraph 3 hereinabove and shall not [1071]*1071constitute a waiver or release by the [husband] of any right, claim, title, or interest in any other property acquired by either of the parties hereto.

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Cite This Page — Counsel Stack

Bluebook (online)
64 So. 3d 1067, 2010 Ala. Civ. App. LEXIS 378, 2010 WL 5030120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-robinson-alacivapp-2010.