IN RE: ESTATE OF Clifford Franklin BAKER, et al. v. Lee KING, et al.

John Steven Anderson

Case Conclusion Date:May 4, 2006

Practice Area:Family

Outcome:Mr. Anderson successfully argued to the Court of Appeals for reversal of the trial court's ruling that the Premarital Agreement signed by the his client in 1976 was valid and enforcable.

Description:This appeal involved a challenge to the validity of an antenuptial agreement. Executors under the decedent's Will filed a petition in the General Sessions Court of Madison County, Probate Division, to have Will admitted to probate. Decedent's wife then filed a notice and petition for elective share, for specific property, year's support, homestead, and expedited hearing. The Executors, also beneficiaries under decedent's Will, opposed the petition based on an antenuptial agreement the wife had entered into with the decedent prior to their marriage, and the wife challenged the enforceability of the antenuptial agreement. Following a hearing, the court upheld the validity of the antenuptial agreement, finding that the wife entered into the agreement knowledgeably and that the doctrine of equitable estoppel prohibited the wife from contesting the antenuptial agreement. Wife appealed. The dispositive question before the Court is whether the evidence preponderates against the trial court's finding that the antenuptial agreement was valid and enforceable.  The Court of Appeals concluded that the record and applicable law did not support the trial court's decision to enforce the antenuptial agreement. <a href="http://www.tba2.org/tba_files/TCA/2006/bakerc050406.pdf" target="_new">In Re: Estate of Clifford Franklin Baker, et al. v. Lee King, et al.</a>  

901-271-5577