Civil Action. On Final Hearing.
It was in the spring of 1940 when the minds of William Miley, a widower aged 62, and of Anna May Thatcher, a widow some three years his junior, seasonably turned to thoughts of matrimony. Their contemplations, however, neither repudiated nor discarded a conception of some practicalities.
There was an antenuptial agreement dated April 29, 1940, acknowledged May 3, 1940, and recorded May 16, 1940, the pertinent terms of which are exhibited by the following quotation:
"WITNESSETH: Whereas, the said parties contemplate entering into marital relations with each other; and
"WHEREAS, The said party of the first part is seized and possessed of real and personal property in his own right, and
"WHEREAS, The said party of the second part is not the owner of any real property in her own right; and
"WHEREAS, Each of the said parties has a child or children who are the issue of a former marriage, and all of such children are of full age; and
"WHEREAS, The said parties desire that their said marriage shall not in any way change their existing legal rights, or the existing legal rights of their children and heirs, in the real and personal property of each of them, except as hereinafter provided.
"NOW, THEREFORE, It is mutually agreed as follows:
"1. That the said party of the first part, shall provide a home for the said party of the second part, during the continuance of their marriage.
"2. That if the said party of the first part shall survive the said party of the second part, he shall not, as surviving husband, make any claim to any part of the estate of which the said party of the second part may die seized or possessed; and the said party of the first part in consideration of said marriage, hereby waives and relinquishes all right in and to the real property of which the said party of the second part may die seized, as well as all right in and to the personal estate of the said party of the second part, whether as surviving husband, heir-at-law, or otherwise.
"3. The said party of the first part agrees that if the said party of the second part shall survive him, she ...