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HAGWOOD v. NEWTON

No. 01-1909.

282 F.3d 285 (2002)

Mary M. HAGWOOD, co-administrator of the estate of Toni J. Odom; Tammy O. Reeves, co-administrator of the estate of Toni J. Odom; Tony C. Odom, Plaintiffs-Appellants, v. Charles C. NEWTON, Jr.; Bellsouth Corporation; Bellsouth Savings and Security Plan; Bellsouth Employee Stock Ownership Plan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 2002.

Attorney(s) appearing for the Case

ARGUED: John N. Hutson, Jr., Howard, Stallings, From & Hutson, P.A., Raleigh, North Carolina, for Appellants. Michael Terry Medford, Manning, Fulton & Skinner, P.A., Raleigh, North Carolina, for Appellees. ON BRIEF: Brian E. Moore, Howard, Stallings, From & Hutson, P.A., Raleigh, North Carolina, for Appellants. John C. Dorsey, Manning, Fulton & Skinner, P.A., Raleigh, North Carolina, for Appellees.

Before NIEMEYER and TRAXLER, Circuit Judges, and CYNTHIA HOLCOMB HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER and Senior Judge HALL joined.

OPINION

NIEMEYER, Circuit Judge.

A month before they were married, Toni Odom and Charles Newton signed a "Premarital Agreement," agreeing that the property of each would remain separate after their marriage and explicitly waiving any right to each other's property. Two years after Odom and Newton were married, Odom died. Her estate...

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