MONROE REESE AS EXECUTOR OF THE ESTATE OF SAMUEL REESE, DECEASED, APPELLANT,
v.
MARGOT HIRSCH REESE, APPELLEE
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This case reviews an order cancelling an antenuptial agreement found to be unfair to the wife. The appellate court affirmed the lower court's decision, applying established standards for fairness in such agreements.
No, the lower court did not err. The appellate court affirmed the order cancelling the antenuptial agreement, finding it to be unfair and inequitable to the wife.
“By this appeal, appellant seeks review of an order cancelling and annulling an antenuptial agreement which was found to be unfair and inequitable to the wife.”
This quote describes the core issue and the lower court's finding that led to the appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought to review an order that cancelled an antenuptial agreement. The lower court found the agreement to be unfair and inequitable to t…
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By this appeal, appellant seeks review of an order cancelling and annulling an antenuptial agreement which was found to be unfair and inequitable to the wife. Since the decision of the Florida Supreme Court in Del Vecchio v. Del Vecchio, Fla. 1962, 143 So.2d 17, it has been settled that antenuptial agreements must conform to certain standards of fairness if they are to receive the sanction of the law. These standards, as specifically set out in Del Vecchio, are to be applied to each case according to the particular facts, and the agreement is to be tested as of the time of its execution. The chancellor’s findings are entitled to the weight of a jury-verdict and will not be disturbed absent a showing by appellant that there was no substantial competent evidence adduced upon which such findings could be based. Ainsley Realty Co. v. Kramer, Fla.App.1967, 198 So.2d 640; Alvarez v. Dumont, Fla.App.1965, 178 So.2d 352. Therefore, the order appealed stands affirmed.
Affirmed.
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Citator
Cited By
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Lutgert v. Lutgert, 338 So. 2d 1111 (Fla. 2d DCA 1976)…the cause is remanded for further proceedings consonant herewith. HOBSON and GRIMES, JJ., concur. . See, e. g., Del Vecchio v. Del Vecchio, 143 So. 2d 17 (Fla. 1962); Weeks v. Weeks, 143 Fla. 686, 197 So. 393 (1940). . See, e. g., Reese v. Reese, 212 So. 2d 33 (Fla. 3d DCA 1968). See also 41 Am.Jur.2d, Husband and Wife, § 296 at p. 243; 17 Fla.Jur. Husband and Wife, & 47 at p. 109; and A. Lindey, Separation Agreements and Ante-Nuptial Contracts, Vol. 2, § 90-37 et seq. (rev. ed. 1967). .See, e. g., 25 Am…
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Mass. Cas. Ins. Co. v. Johansen, 270 So. 2d 397 (Fla. 3d DCA 1972)…rance Company of America v. Latham, Fla.App.1968, 207 So. 2d 733. The findings made by the trial judge are entitled to the weight of a jury verdict if supported by substantial competent evidence in the record on appeal. Reese v. Reese, Fla.App.1968, 212 So. 2d 33; Ainsley Realty Co. v. Kramer, Fla.App.1965, 198 So. 2d 640; Alvarez v. Dumout, Fla.App. 1965, 178 So. 2d 352. [*399] The above described presumption and weight assigned to a judge’s decision has been applied to cases involving causation problems un…
Authorities Cited
- del Vecchio v. del Vecchio, 143 So. 2d 17 (Fla. 1962)
- Jasper J. Alvarez et ux. v. Dumont, 178 So. 2d 352 (Fla. 1st DCA 1965)
- Ainsley Realty Co. v. Kramer, 198 So. 2d 640 (Fla. 3d DCA 1967)