Libby

As the assignee of Frank G-. Tyrell, attorney at law, the plaintiff had judgment for the sum of $10,545.89 as attorney’s fees and costs. From this judgment the defendant appeals.

The record in this case shows that for some years prior to the sixth day of March, 1923, the defendant, Ida Belle Kipp, had been the wife of Bernhardt A. Kipp. That on the sixth day of March, 1923, Bernhardt A. Kipp died at the city and county of Los Angeles, leaving him surviving, as his widow, the defendant in this action. The record further shows that Bernhardt A. Kipp and the defendant, Ida Belle Kipp, contracted the relationship of husband and wife at a time when Bernhardt A. Kipp was well advanced in life and had accumulated an estate valued somewhere in the neighborhood of $500,000. That just preceding the marriage of the defendant, Ida Belle Kipp, and Bernhardt A. Kipp a prenuptial agreement was entered into between said persons, by virtue of which the said Ida Belle Kipp relinquished all claim of whatsoever character against the estate or property of the said Bernhardt A. Kipp, including all right to dower and right to inherit, as surviving widow. This agreement was entered into in consideration…