Appeal, No. 140, March T., 1953., from decree of Orphans' Court of Somerset County, 1951, No. 106, in Estate of John D. Snyder, deceased. Decree affirmed.
Leland W. Walker, for appellant.
Norman A. Shaulis, with him Frank R. Coder, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE ARNOLD
The question in this case is the validity of an antenuptial agreement.
On November 17, 1947, Mary Florence Sheeler and Joseph D. Snyder, the decedent, made an application for a marriage license, and on the 23rd day of November were married. Both parties were well advanced in years. This was the third marriage for the husband and the second marriage for the wife. They had a courtship of some seven or eight months prior to the marriage, and afterwards resided together in the home owned by the wife, where they lived until May, 1951, when Snyder died. His will was duly probated and under its terms the wife received nothing. She filed an election to take against the will and applied for widow's exemption. The court below, after full hearing, dismissed her petition because of an antenuptial agreement executed on November 17, 1947.
The agreement contained, inter alia, the following provisions: "Whereas, both of said Parties have been married before and have living children and natural heirs, the result of such former marriages, and mutually recognize the natural right of such children and heirs to inherit from their respective ancestors such property of which each of them may die seized as was acquired by either before their now contemplated marriage, free and clear of the marital rights given by law to surviving spouses; and Whereas, each of the said Parties hereto has made a full and frank disclosure to the other as to the property owned by them and its nature and amount and each has been advised as to their respective rights therein in the event of their marriage and in the absence of any agreement between them." Following this there was a provision that he or she should "make no claim under the intestate or other laws of this Commonwealth to any part or share of the real or personal estate of which the party first to pass away may die seized or possessed and each expressly waives and relinquishes all rights and claims
of in and to the real and personal estate of such first deceased party."
It will be observed that the agreement contains the provisions that each of the parties had made a full and frank disclosure to the other as to the property owned by them and its nature and amount, and that each party had been advised ...