Fincham v. Fincham - Supreme Court of Kansas

Fincham v. Fincham

By Supreme Court of Kansas

  • Release Date: 1953-04-11
  • Genre: Law
Our rating: 5/5 stars

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The opinion of the court was delivered by This was an action for divorce and alimony. From the decree in favor of plaintiff on both points the defendant has appealed. The parties met at Colorado Springs and after an acquaintance of a few weeks they were married at Albuquerque, New Mexico, June 23, 1941. At that time plaintiff was 45 years of age, defendant was 64. It was the second marriage for each of them. She had one child by her first marriage, a married son who was then living in Wichita. He had four children by his first marriage, all adults, with homes of their own. She had a residence property in Enid, Oklahoma, and a small amount of other property. He had a business property, also a residence property, in Pratt and owned land in Pratt, Finney, Meade, Gray and Kiowa counties in Kansas and in Texas County, Oklahoma, aggregating about 3,600 acres. Shortly before their marriage they entered into an antenuptial agreement by the terms of which, in the event of his death prior to hers, she was to have one-fifth of his property, the remainder to go to his children. It contained a provision that in the event of a divorce between them she should receive $2,000 and no more. They moved to their home in Pratt, where they lived together as husband and wife until June 16, 1944, when he brought a suit against her for divorce on the grounds of extreme cruelty and gross neglect of duty. Among other things in his petition he set up the provision of the contract that she was to have $2,000 in the event of a divorce and tendered that sum into court. She filed an answer in which she denied the grounds of divorce alleged in plaintiff's petition, and by cross petition set up their antenuptial contract and alleged it had not been fairly and understandingly made; that it was unjust and inequitable in its provisions and that there was fraud and overreaching on the part of plaintiff in securing defendant's signature thereto; that it offended against public policy and was unenforceable in that its terms invited and encouraged a separation of the parties, and asked that the contract be set aside. The reply was a

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