Marie Mcquate v. Naomi White Book Reviews

Marie Mcquate v. Naomi White by Supreme Court of Missouri Division 2 Book Summary

Plaintiff, widow of Chester A. McQuate, filed suit seeking a declaration that a marriage agreement entered into on November
17, 1954, be declared void, that the record thereof be expunged, and that she be declared to have the same interest in two
described tracts of real estate as she would otherwise have had. The husband died on September 11, 1961, and his will was
duly probated. Plaintiff, on May 23, 1962, filed her election to renounce the will and take her "legal share" of his estate.
The trial court entered a judgment finding generally that the contract should be set aside, and it ordered, adJudged and declared
that it be "set aside and for naught held." Motions for judgment and a new trial were filed and overruled. After an untimely
notice of appeal was filed in the Circuit Court, this Court granted a special order allowing a notice to be filed and it was
filed. The defendants are the executrices, the two daughters of the deceased, and the guardians of his grandchildren who were
the devisees of the two principal tracts of the controverted real estate. The "marriage contract" recited that each party was possessed of property, had made full and frank disclosure to the other,
and had been advised of his or her legal rights; the expressed considerations, pro and con, were one dollar and other "good
and sufficient and satisfactory consideration." By the terms of the contract the husband agreed that the wife (plaintiff)
should own, hold and enjoy all of her present and future property as her separate and sole estate with the full right to convey
or mortgage it or to dispose of it by will, and that he thereby released to her and her heirs, representatives, assigns, legatees
and devisees all rights and claims thereto which he might have by reason of the marriage; for the identical expressed considerations,
the wife made the same agreements and the same release with reference (only) to two specifically described tracts of real
estate owned by the husband; from the descriptions one would appear to have consisted of 240 acres and the other of 80 acres,
located in different sections. Each party agreed that if it should be deemed necessary he or she would execute any documents
required to carry out the terms of the contract.

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