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Wills, Trusts & Estates keyed to Weisbord
Reece v. Elliott
Citation:
208 S.W.3d 419 (2006)Facts
Bonnie Reece married Eugene Reece on December 4, 1999, after executing an antenuptial agreement prepared by attorney James Brooks on November 29, 1999. The agreement listed Eugene’s separate property including a residence in Ohio, 230 acres in Morgan County, 1,687 shares of JH Routh Packing Company stock, a promissory note from Routh for $357,000, various vehicles and equipment, brokerage and bank accounts, and school bonds. Bonnie consulted with attorney Debra Graham who reviewed the document. Bonnie prepared her own property list which was attached as Exhibit B. She testified that she understood the agreement meant she would have no interest in Eugene’s separate property upon his death. She acknowledged seeing the stock shares and promissory note listed but did not inquire about the stock’s value because it did not matter to her since the property would remain his. Eugene died intestate on July 5, 2003, and Bonnie subsequently filed this declaratory judgment action seeking to invalidate the agreement based on Eugene’s alleged failure to disclose the full value of his Routh Packing Company stock.
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