Sonnicksen v. Sonnicksen

California Court of Appeal Nov 17, 1937 No. Civ. 10456Published

Before: Spence

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Holding. The court held that a pre-marital agreement for the performance of domestic and nursing services was terminated by the subsequent marriage of the parties, as the marriage contract implied that such services would be performed without compensation.

Issues

Whether a pre-marital agreement for services is terminated by the subsequent marriage of the parties.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is respondents’ contention that the contract of marriage and the marriage of the parties pursuant thereto terminated the agreement of January 1, 1931, and in our opinion this contention must be sustained.”

“When the parties subsequently entered into a contract of marriage and became husband and wife, one of the implied terms of the contract of marriage was that appellant would perform without compensation the services covered by said written agreement.”

SPENCE, J.

This is an appeal by Martha Sonnicksen, the widow of the deceased, from an order of the probate court denying her “Petition of executrix for an order directing conveyance of real estate pursuant to contract of decedent.”

The deceased was formerly married to Else Sonnicksen, who died on December 31, 1930. Respondents are the issue of said former marriage. Shortly after January 1, 1931, deceased and appellant, who was then Martha Sullivan, signed

[476]

a written agreement which bore said date. The agreement contained many unusual provisions. It is difficult to briefly set forth its terms and we therefore set it forth in full.

“THIS AGREEMENT, made at Palo Alto, Santa Clara County, California, this first day of January, 1931, between ANDREW O. SONNICKSEN, widower, of said County and State, party of the first part, and MARTHA SULLIVAN, of the same place, party of the second part,

“WITNESSETH:

“WHEREAS, the parties hereto now reside and have since about the month of January, 1931, resided together in order that the first party shall have human companionship and the care and nursing that may be required by him by reason of his age and prospect of infirmity; and

“WHEREAS, the second party is a trained nurse by profession and practiced her profession actively until requested to refrain therefrom by the first party for the purpose of affording first party more companionship and the society of home life, and pursuant thereto the second party has refrained and continues to refrain from engaging in professional nursing work at the request of the first party; and “WHEREAS, the expenses of the home where the parties hereto and the daughter of the second party reside are maintained equally by the first and second parties; and

“WHEREAS, the first party is desirous of making provision for the second party, in addition to the first party’s contribution to the expenses of the maintenance of the parties ’ common home;

“NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties hereto hereby agree with each other as follows:

Sonnicksen v. Sonnicksen

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SPENCE, J.

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