We granted a discretionary application to consider whether the trial court erred in finding a jury issue under the circumstances of this case. We hold that it did.
The appellant, Howard McRae Webb, and the appellee, Gladys Jones Webb, are involved in a divorce. Prior to marriage, the parties had entered into a pre-nuptial agreement. In the divorce proceedings, Ms. Webb asserts that the pre-nuptial agreement should be ignored because it was the result of duress, nondisclosure of assets, and on other grounds. The trial court determined that the pre-nuptial agreement was valid and not against public policy, and left further determination of the pre-nuptial agreement to the jury.
Lynwood D. Jordan, Jr., for appellant.