Kyle v. Kyle

In 1931, V. I. Kyle (plaintiff) and Gladys Kyle (defendant) signed an antenuptial agreement (agreement) in Quebec, Canada, where the Kyles were domiciled. In accordance with Quebec law, the Kyles executed the agreement before a notary; however, Quebec law did not require—and the Kyles did not utilize—two subscribing witnesses. Among other things, the agreement provided for Gladys to relinquish her dower rights, i.e., her common-law right as a widow to a life estate in a portion of certain of her late husband’s real property. The Kyles separated in approximately 1945. In 1955, V. I. purchased real estate in Florida, which V. I. later wished to transfer to a corporate entity. Because Florida recognized dower rights, V. I. needed Gladys to approve the transfer or relinquish her dower. When Gladys declined to do either, V. I. sued Gladys in Florida state court, seeking a declaratory judgment that the agreement was valid and binding and that Gladys thus did not have any dower rights. Gladys opposed V. I.’s suit. Per Gladys, Florida law applied because the relevant real estate was in Florida. Gladys further argued that the agreement did not affect her Florida dower rights because the agreement did not comply with Florida’s requirement that all real estate conveyances, including those relinquishing dower in real estate, had to be made in the presence of two subscribing witnesses. The trial court ruled in V. I.’s favor, concluding that Quebec law applied and that the agreement was valid under Quebec law. Gladys appealed.