Hook v. Hook

Two days before their wedding, Donal and Agnes Hook (plaintiff) met with an attorney and discussed preparing wills. The attorney also prepared an antenuptial agreement that divested each spouse of any claims to the other’s estate. Donal supplied the figures, listing Agnes’s assets at $80,000 and his own as “in excess of . . . $60,000.” In reality, including his pension Donal had assets totaling over $86,000, but he did not provide an itemization. Agnes knew Donal had made her the beneficiary of his life-insurance policies and thought the attorney was preparing only wills and needed the figures for inheritance-tax purposes. The couple met again with the attorney to sign the documents just 40 minutes before their wedding. When Agnes asked what the antenuptial agreement meant, Donal said, “Never mind, just sign it. It means what is mine is mine and what is yours is yours.” Agnes testified that she trusted Donal and the attorney, was too nervous and worried about being late to read the agreement, and signed it without understanding its import. The attorney testified he did not recall the meeting, but he described his usual practices and said he understood the agreement as to each party was to keep his or her own property without rights in the other’s. Seven years later, Donal had filed for divorce, changed his life-insurance beneficiaries, and executed a new will leaving Agnes nothing. When Donal died, Agnes sued his executor and the beneficiaries of his estate (defendants) to set aside the antenuptial agreement. The probate court ruled for Agnes, finding Donal failed to materially disclose information about his assets before she signed the agreement. The appellate court affirmed. Donal’s executor and heirs appealed.