IN RE BENKER ESTATE

Docket No. 43369.

97 Mich. App. 754 (1980)

296 N.W.2d 167

IN RE BENKER ESTATE

Michigan Court of Appeals.

Decided June 3, 1980.


Attorney(s) appearing for the Case

Faintuck, Shwedel, Wolfram, McDonald & Zipser, for plaintiff.

Leib & Leib, for defendant.

Before: D.C. RILEY, P.J., and R.B. BURNS and D.E. HOLBROOK, JR., JJ.


D.E. HOLBROOK, JR., J.

Charles Benker died intestate on December 15, 1976, at the age of 84 years. He left as sole heirs his wife of 13 years, Elizabeth Benker, and his daughter by a previous marriage, Ruth Counts. Prior to their marriage Mr. and Mrs. Benker executed an antenuptial agreement by which each waived any and all rights to inheritance from the other. Mrs. Benker now contends that the agreement was void because the extent of her former husband's estate had...

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