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Reece v. Elliott

Court of Appeals of Tennessee

208 S.W.3d 419 (2006)

Relevant factsFree

Days before marrying Eugene, his widow (plaintiff) executed an antenuptial agreement in which both parties disclosed their separate assets, including Eugene's shares of Routh Packing Company stock, though the agreement's exhibit listed the shares without stating their current value; both parties confirmed they'd consulted independent counsel and received full disclosure. After Eugene died intestate, his widow sued his estate's co-executrixes (defendants) to rescind the agreement based on the undisclosed stock value, testifying she had consulted an attorney who reviewed the agreement but that she never asked anyone to investigate the stock's value because she understood she'd have no interest in it under the agreement's terms anyway, and that Eugene had otherwise been forthcoming about his assets. The trial court upheld the agreement, and the widow appealed.

IssueFree

Whether an antenuptial agreement is valid where one party failed to disclose the value of a substantial asset but the contesting party had an opportunity to discover that value.

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