ROTH v. ROTH

No. 19723.

565 N.W.2d 782 (1997)

1997 SD 75

Clarence T. ROTH, Plaintiff and Appellee, v. Alice E. Thomas ROTH, Petitioner and Appellant.

Supreme Court of South Dakota.

Decided June 25, 1997.


Attorney(s) appearing for the Case

Thomas E. Alberts, Avon, for plaintiff and appellee.

Lee R. Burd and Shelley R. Wieck, Sioux Falls, for petitioner and appellant.


AMUNDSON, Justice.

[¶ 1.] Alice E. Roth (Alice) appeals the trial court's judgment denying her claim against Clarence T. Roth (Clarence) for division of property. We reverse.

FACTS AND PROCEDURE

[¶ 2.] Clarence and Alice were married on June 22, 1985. Clarence was sixty-eight years old and Alice was forty-seven years old at the time. On June 10, a few days before they married, they entered into an antenuptial agreement which is the center...

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