Estate of Howe

This is an appeal from an order granting a family allowance and homestead in probate proceedings.

The record reveals the following as correctly recited in appellant’s brief:

The pertinent portion of the prenuptial agreement is as follows:

In deciding in favor of respondent, the court commented as follows at the conclusion of the trial:

The court found as a fact that “it is true that the language of said pre-nuptial agreement does not show that said parties thereto intended that said Myra B. Howe thereby waived her right to claim a probate homestead and a widow’s allowance; and it is true that said Myra B. Howe did not, by or through said pre-nuptial agreement waive her right either to a probate homestead or to a widow’s allowance.” Also that the property described as the homestead was the separate property of the deceased.

It is contended by appellant that ‘ ‘ The only question presented by this Appeal, as it was the only question presented to the Court below, is whether or not by the pre-nuptial agreement Myra B. Howe waived her right to a probate homestead and to a family allowance.”

The prenuptial agreement also contained the following language:

The argument is without…