(concurring). In addition to that which has been stated in my brother judge’s opinion, this writer deems it advisable to write this concurring opinion in support of sustaining the post-nuptial agreement executed February 4, 1957. At the time both Mr. and Mrs. Rockwell had children by previous marriages, and each had substantial prop*602erty. They were happily married and desired to accomplish a worthwhile purpose, that of assuring’ each other that the children of Mr. Rockwell would inherit his property and the children of Mrs. Rockwell would inherit her property. Under the facts in this case, it appears that the general rule found in 41 CJS, Husband and Wife, § 91, pp 564, 565 applies:
“Some consideration other than marriage is necessary to support an executory postnuptial settlement by which a spouse agrees to release his or her interest in the estate of the other; but mutual promises of a husband and wife to release to each other all right in and control over the other’s property are sufficient consideration.”*
It is well also to relate what actually occurred subsequent to the date of the post-nuptial agreement. Leon A. Rockwell signed a will on the 18th day of January, 1965, and gave and bequeathed to the plaintiff herein a life estate in the home, furniture and household goods being used by them at the time of his death; the automobile, valued at $3,125 and $200 per month until her death or until she remarries, whichever occurs first. In addition, she was made beneficiary on a life insurance policy in the amount of $9,500. In plaintiff’s petition to the probate court for a widow’s allowance, she asserted that the inventory in the estate showed personal property, exclusive of household furniture, ornaments, and wearing apparel of the value of $106,474.65. Mr. Rockwell, several years after the post-nuptial agreement, purchased land and improved the same by building a gas station thereon, land and improvements costing more than $58,000.
*603Mr. Rockwell’s gross estate amounted to $184,-496.31, including real and personal property and life insurance in a total amount of $11,771.66. It is evident that Mr. Rockwell relied upon the post-nuptial agreement for he either purchased or improved purchased real estate to the extent of $58,000, made his wife beneficiary on a $9,500 life insurance policy and had personal property totaling $106,474.65 at the time of his death for a total of $174,974.65. This represented personal property or money invested in real estate available if he had so chosen to dispose of it by trusts, gifts, or otherwise, to his two sons, the main beneficiaries under his will. This Mr. Rockwell might very well have done but for his reliance on the post-nuptial agreement. Under the facts in this case, it is proper to uphold the post-nuptial agreement.
Affirmed.
Smith’s Administrator v. Price (1934), 252 Ky 806 (68 SW2d 422). Hall v. Greenwell (1935), 231 Mo App 1093 (85 SW2d 150). Jorgensen v. Crandell (1938), 134 Neb 33 (277 NW 785, 790). Also see 30 CJ p 637 note 41.