GILBERT V. GILBERT
161 A.2d 295 (Chancery Division 1960)
NATURE OF THE CASE: This was a dispute over a marriage agreement and a motion to dismiss
for failure to state a claim upon which relief can be granted.
FACTS: W met H in 1949 and H wanted W to marry him. W refused to do so until H made a
suitable property settlement on her prior to the marriage. H offered a home, and a
housekeeper and P accepted the offer provided that it would be reduced to writing and signed
by both parties. With the marriage date coming up W insisted that she would not marry unless
the transaction was completed. H then executed a will in which he left W certain real
property and one third of whatever cash H had in the bank. Upon reliance that the will would
not change, W and H got married Eventually H made a will that left everything to his
children. H died and the will was entered into probate. W filed an exception to the will in
the probate court. W sought a judgment that the execution of the will that left all to the
children was in violation of her prenuptial agreement that she had with H and that the will
of August 27, 1949 was irrevocable without her consent except if the new will was in her
favor. W contends that a fraud was committed upon her and the statute of frauds may not be
raised as a defense to shield a fraud.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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