The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-03-13

HIS OPINION IN FULL
Says that Contract Specifically Pc
cites that FER Claims and De
msnos Shall De Limited
to $4,000.

Following is the opinion III fun OF !
Judge II. Bank, Jr,, in the matter Of /,
the claim OF Viola NJ i5ubinger.
against The estate Of J. G. HubingeF,
deceased
III MY opinion. the rights under an
ante-nuptial contract should be deter
mined Dy considering the language OF
the whole instrument the situation u
the parties and their property, the
purpose and intention Of the parties
in making tue contract, aud taat such
contract be literally construed 70 car !
~ out the true intention OF the par
ties.
Al the time this ante-nuptial con :
tract was entered INTO. Mr.. Huoinger
was widower with two children, and
/ IL would seem but natural that ne
should desire to guard their interests
and preserve for them a large share OF
his estate. TIE large yslue of his
property at that tine shows that the
purpose Of she contract was 10 operate
as limitation on the interest aud
| right OF Mrs. HHbinger who also rad 7
child by former marriage The
amount fixed IN the contract Is much
| less than tie one-tbifd OF Mr.. Hu
bingers estate at that ume by The
agreed statement OF facts. II appears (
| thar at the time Mr. Hubinger had
| large income, Of about s19e,00ooo al
nYally, and owned large amount Of
| property, and THAT he was worth
about q half million dollars
| Now, by this contract, Mr.. Hubinger
does not, 10 my opinion, agree 10 give
Mrs Hubinger, If she survives him,
any particular portion Of his estate,
but the contract specifically fecites
that ali her claims and demands
against his estate shall be limited 70
The specific amount mentioned in the
contract, namely 100000.
Now, this amount is much less than
| the sum which Inc widows distrilu
. | tive share would have been at the
fine the contract was made i there
- fore, believe that il was the intention
-- of both parties that TIE contract
should operate as q limitation Upon
3u the widows distributiye share and
uf moi as grant, for the contract recites
gu that 1t is to limit the claims and
Us demands of every kind and character,
e which Mrs, Hubiager could nave IN
se7 Ser husband estate, II she survived
by him.
Il The interest which the Law gives to
every widow Is her distflhltiye snare
in her husbands estate
No words Of gift or grant are found
in any part OF this contract winch dc
no fines Mrs Hnbingers interest and tht
contract does reclte that iier ialefes
ne is limited and shows that. j. was the
ps intention OF tile parties that Mrs. Hn
'es binger was to receive less than th'
10 law allows 10 widow, IN The even
sfe that at the time Of Nh. Hubinger'
70 death her claim as his widow Wonlt
'oh exceed The amount stated Now. tn
az agreed statement OF facts shows tina
~ al The time OF Mr., ituningers dealt
~ The total value OF Ills estate did no
y exceed from $3o,0Oo0p 20 100000 o.
Tie claim and interest with which th
- law invests Mrs liubinger IN her hui
bands estate. therefore, does not e'
coed the limitation fixed IN the aatt
nuptial contract and, therefore tn
'uld contract, in my opinion, becomes ii
operative because the total value {
the estate is not large enough TO MAX
he provisions OF The contract applici
= - am, tI,araFn, ~ nufuin4t