French v. French

MARKS, J.

This is an action brought by the widow of C. W. French against the executor of his estate to declare that

[756]

defendant held in trust for her a life estate in certain real property in Inyo County.

Plaintiff and C. W. French were married in Beno, Nevada, on December 18, 1938. They separated on July 22, 1939, and did not thereafter live together. Mr. French died on February 18, 1943. He had one son, Leland Wesley French, the issue of a former marriage.

On December 17, 1938, plaintiff and G.W. French entered into a prenuptial agreement the provisions of which form the basis of this action. In it the prospective marriage is given as the reason for the contract. The agreement contained the following pertinent provisions:

“. . . the said first party (C. W. French) does hereby promise and agree to and with second party (Mrs. French) that he will immediately upon the solemnization of said proposed marriage make and execute in the manner and form prescribed by law, a last will and testament, under and by virtue of which document the said real property shall be disposed of in the following manner, to wit: The right to the use, occupancy and control of the same and the rents, issues and profits thereof for and during the term of the natural life of the second party, shall be vested in the second party . . . and that title in fee simple thereto, subject to such liens or encumbrances as may have been placed thereon by the first party, shall immediately vest in those who may be designated by the last will and testament or by other instrument duly executed by first party; provided, however, that should the second party at any time subsequent to the demise of the first party abandon said real property or permit the same to become dilapidated or to become substantially depreciated in value because of lack of repair or lack of proper attention, then and in that event all rights of the second party in and to the same and in and to the rents, issues and profits therefrom shall immediately cease and determine, as hereinbefore provided. . . . (if) at the time of the demise of the first party the said first party and second party be divorced or separated or living separate and apart each from the other because of marital difficulties, misunderstandings or disagreements, then and in that event and in either of said events this agreement shall be absolutely null and void and of no force and/or effect whatsoever with respect to any rights or alleged rights of the second party in and to said real estate hereinbefore described.”