COHEN v. ESTATE OF COHEN

No. 85-1051.

23 Ohio St. 3d 90 (1986)

COHEN, APPELLANT, v. ESTATE OF COHEN; LANTER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 11, 1986.


Attorney(s) appearing for the Case

Goodman & Goodman, Patrick T. Nesbitt and Ronald Jay Goodman, for appellant.

Baden, Jones, Scheper & Crehan Co., L.P.A., and Jack C. McGowan, for appellees.


LOCHER, J.

The sole issue presented in this case is whether the doctrine of constructive fraud is applicable to antenuptial agreements. Appellant contends that the doctrine does apply. We agree and, accordingly, reverse the decision of the court of appeals.

The trial court held that the transfer of scheduled assets by decedent, which defeated the covenant to pay appellant $700 per month contained in the antenuptial agreement, constituted constructive fraud...

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