IN RE BENKER ESTATE

Docket No. 65387, (Calendar No. 9).

416 Mich. 681 (1982)

331 N.W.2d 193

In re BENKER ESTATE COUNTS v. BENKER

Supreme Court of Michigan.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Faintuck, Shwedel, Wolfram, McDonald & Zipser (by John J. McDonald) for the plaintiff.

Leib & Leib (by Jeffrey M. Leib) and Gregory Gelfand (of counsel) for the defendant.


WILLIAMS, J.

INTRODUCTION

The issue presented in this case is whether the probate court erred in invalidating an antenuptial agreement which totally eliminated the widow's marital interest in her husband's property, by recognizing a presumption of non-disclosure of assets against the decedent husband under the following facts.

The specific facts which gave rise to the presumption of non-disclosure are 1) the lack of any provision for the widow in the...

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