IN RE ESTATE OF WEBER

No. 36165.

170 Ohio St. 567 (1960)

IN RE ESTATE OF WEBER: WEBER, EXR., APPELLANT, v. WEBER, APPELLEE.

Supreme Court of Ohio.

Decided May 4, 1960.


Attorney(s) appearing for the Case

Mr. Oliver W. Bates, for appellant.

Mr. Lyle F. Merritt, for appellee.


HERBERT, J.

The first question presented is whether the postnuptial writing of a contract incorporating and confirming the terms and conditions of an antenuptial oral agreement which, standing alone, would be unenforceable under the statute of frauds, validates and takes such antenuptial oral agreement outside the statute.

The section referred to as the statute of frauds is Section 1335.05, Revised Code, which provides as follows:

"No action shall...

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