Estate of Myers

This is an appeal from an order granting a family allowance to the widow of deceased. The appeal is taken by the residuary legatee under deceased’s will, who is a daughter of the latter by a former marriage. No children were born of the second marriage. The appeal is based upon an antenuptial contract executed in the state of Iowa by the deceased and respondent, the material portions of which read as follows:

The cases cited by appellant are distinguished from the situation here by reason of the fact that in those cases 'the parties separated and entered into agreements which specifically provided that the support of the wife should be waived. It is to be observed that in the instant case the contract contains no such provision, but only provides that the property shall pass to the heirs of the parties as though no marriage had been contracted. Here also the parties lived together until the death of the husband, he supporting her up to that time, and under his will granting her a life estate in the home in which they had lived.

Estate of Woodburn, 212 Cal. 683 [ 300 Pac. 22 ], is, we think, decisive of the present appeal. In that ease an antenuptial agreement was executed by the…