In re Estate of Chaney

Couple signed antenuptial agreement; husband died after 23 years of marriage. Wife sought to renounce will made by husband during a previous marriage. As he did not raise it in trial court, executor forfeited argument that a standard less stringent than that set forth in 2005 appellate court case cited by trial court should have been applied in determining validity of antenuptial agreement, as in that case agreement was triggered by dissolution rather than death of spouse. (O'BRIEN, concurring; HOLDRIDGE, dissenting.)