STREGACK V. MOLDOFSKY
474 So.2d 206 (1985)
NATURE OF THE CASE: This was a dispute over an antenuptial agreement.
FACTS: Manuel (H) died and his will contained no provisions for Sally (W) beyond a
reference to an antenuptial agreement. W filed notice of an elective share provision and
Susan Stregack (P), the daughter of H moved to strike that notice based on the antenuptial
agreement. W then claimed fraud. The probate court struck the elective share and the trial
court dismissed for mootness and res judicata. The district court reversed; a surviving
spouse could challenge an antenuptial agreement for fraudulent nondisclosure by the deceased
spouse.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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