Cord v. Neuhoff
Nevada Supreme Court
573 P.2d 1170 (1978)
- Written by Tammy Boggs, JD
Facts
In 1931, Errett Cord and Virginia Cord (plaintiff) married, and in 1937, the couple began living in a community-property state. The Cords remained married until 1974. During the marriage, Errett’s separate estate, worth about $8 million, increased in value to nearly $40 million due principally to Errett’s management skills. In 1974, Errett died. Errett’s will purported to declare the entire estate as separate property. Virginia sued the co-executors of Errett’s estate (defendants) seeking to establish her community interest. The co-executors produced Errett’s detailed financial records for the years 1937 to 1953, showing income generated in some years and losses in other years. The trial court dismissed Virginia’s action based on a 1953 postnuptial agreement in which Virginia supposedly released her community-property rights. Virginia appealed. The Nevada Supreme Court reviewed the matter and found the 1953 agreement to be void, leaving the issue of apportionment.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
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