In the Matter of the Estate of David Dwight Noel, Deceased.
Myrle Atwood-Noel, Claimant-Appellant/Cross-Appellee,
vs.
Julie A. Hastings, Executor-Appellee/Cross-Appellant.
Attorney for Appellant
Robert L. Stuyvesant
Attorney for Appellee
Mason J. Ouderkirk
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge. AFFIRMED ON APPEAL. REVERSED ON CROSS-APPEAL. Heard by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (9 pages)
Myrle Atwood-Noel seeks reversal of the district court’s order enforcing a prenuptial agreement that prohibits her from taking the spousal election against the decedent’s will. The decedent’s estate cross-appeals, seeking reversal of the district court’s order permitting Myrle to recover certain expenses from the estate under a theory of unjust enrichment. OPINION HOLDS: We agree with the district court that the prenuptial agreement is enforceable and Myrle cannot claim the spousal election against the will. However, we find no unjust enrichment in Myrle paying the expenses she attributes to the decedent and arising during their marriage. Therefore, we affirm the order precluding Myrle from claiming the elective spousal share against the will, and we reverse the award of expenses to Myrle under a theory of unjust enrichment.
