Appeal from order of Orphans' Court of Montgomery County, No. 67,530, in re estate of Ida Myers Harris, deceased.
Walter Phipps, Jr., for appellant.
Roland J. Christy, for appellees.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Cohen concurs in the result.
On April 21, 1959, the deceased and her husband, who is the present appellant, went to see Malcolm
Campbell, Esq., for the purpose of entering into a written antenuptial agreement. This was eighteen days prior to their intended marriage. At that time appellant was 76 years of age and the deceased 66, each having an adult child by a former marriage. They executed an antenuptial agreement which was prepared by Campbell. This agreement provides:
"Agreement made this 21st day of April, A.D. 1959 between Abel K. Harris and Ida C. Myers, both of Montgomery County, Pennsylvania:
"Whereas Abel K. Harris and Ida C. Myers [parties] to this agreement intend to be married in the immediate future, and
"Whereas each of the parties owns individually real and personal property, the nature and extent of the holdings of each party having been disclosed to the other,*fn* and
"Whereas the parties desire that all property now owned or hereafter acquired by each of them shall, for testamentary disposition and intestate distribution, be free of any claim or distributive share of the other that may arise by reason of their contemplated marriage,
"Now, Therefore, in consideration of the contemplated marriage of the mutual promises hereinafter made, and intending to be legally bound under the Uniform ...