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Case No. 23-1131

Elizabeth Roberts
v.
Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David Roberts

Elizabeth Roberts and W. David Roberts (“David”) entered into a premarital agreement and were married in 1993. In 2017, Elizabeth and David executed documents purporting to partially revoke a part of the premarital agreement. David passed away in 2022, and an estate was opened, with David’s only son Eric Roberts named as executor. Elizabeth filed a motion in the estate proceedings to enforce the original premarital agreement, and later filed a motion for summary judgment, arguing the partial revocation was invalid as a matter of law. The district court held the partial revocation was valid. Elizabeth appealed, and argues the district court erred because: (1) Iowa Code section 596.7 authorizes only total revocation of a premarital agreement, not partial revocations or amendments; (2) the partial revocation did not meet basic contractual requirements; and (3) the partial revocation is unconscionable and violates public policy.

County:
Shelby
Trial Court Case No.:
ESPR014393

Appellant

Elizabeth Roberts

Appellee

Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David Roberts

Attorneys for the Appellant

Jordan T. Glaser
Brody D. Swanson

Attorney for the Appellee

Andrew B. Howie

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 10, 2024 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
23-1131
Date Published:
May 10, 2024

Other Information

Date Retained:
Jan 30, 2024
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