The Ordway new era., 1916-12-15
WIDOW Wins
Enyart Estate
.sWt3ov,s share" Granted BY Recent
Decision Of Supreme Court In
Logan Enyart Case.

Mrs. Katherine Enyart, widow OF
the late Logan Enyart. has again won
/ her suit for the Widows share OF the
I estate, this time in the Supreme court
She is . resident Of Nebraska City
Neb. where Mr.. Enyart was in the
banking business. Mr.. Enyart was
we'll known thruout eastern Colorado
and most all Of the pioneers remem-
ber him. The account OF the case
10 herewith presented, as taken from
the Nebraska City Daily Press:
Mrs. Katherine Enyart. second wife
and widow of the late Logan Enyart
president of the Farmers Bank up un-
til the time of his death and well
known land owner and capitalist. has
won her fight for a widows allowance
from the estate of her husband in the
Supreme Court, incidently established
the invalidity of an ante-nuptial con-
tract, and. eventually, will receive
her legal share of the immense es-
tate left by her husband and concern
ing which there has been litigation in
the Otoe county courts for the past
three years.
The higher court holds in an opin-
+ ION WTlIIeH uy JuuSe LClloh. toiiSui
red in by all the judges except Rose
who dissents, but without dissenting
opinion, that the provisions of the
marriage contract were so dispropor-
tionate to Enyart's means at the time
It was made as to raise the presump-
ton of fraud, and that the parties
claiming the benefit of the contract
and opposing the application OF Mrs.
Enyart for allowance did not produce
evidence sufficient to overcome the
presumption of fraud
=. The opinion holds further that un-
der the circumstances payments by
the late banker to his wife OF SoOO
per year, per the term of the contract,
and also other gifts of money and pro-
perty were not such as to work an
estoppel on Mrs. Enyart to plead the
invalidity of the contract nor to bar
her from claiming her widows share
in the estate property
The question Immediately decided
by the opinion is that the order of the
District court in granting Mrs. En-
yart's widows allowance" during
administration, was right; but the de-
cision is also controlling as to the
rights of the parties in the distribu-
tion of the estate property.
Logan Enyart died on November 8,
tS12. Application for appointment
81 an administrator was made shortly
sfterward and Mrs. Enyart was sug-
gested. Objections were filed and H.
d Wilson was finally agreed upon as
administrator. Application for wild.
owls allowance of 5000 per month
was made on June 5. 1913. The OBJ
jectors at once raised the issue of the
famous ante-nuptial contract as a bal
to Mrs. Enyart's participation in th'
estate except as her husband had pro
vided for her in one of his wills. Pro
perty bequeathed to her was refused
by her attorneys and the fight owe
the ante-nuptial contract began
Judge Bischof sustained the applica
ton of Mrs. Enyart for allowance o.
March 2. 1914. upholding the conten
ton of her attorneys that the contrac
was invalid. The case was appeale
to the district court and in 191
Judge BegIey affirmed the decision c
the county court. The case was the
appealed to the supreme court wit
the result mentioned above.
Other ligitation connected with tn