They had a prenuptial agreement, but when the man fell into a worse state of sickness he agreed give more of his estate directly to his wife.

Borelli brought a legal suit against Brusseau and demanded that the court mandate him to bequeath the estate, but was ruled against.

[1][2][3] The court considered if such a contract, one spouse helping another in time of illness in exchange for title to property, violated public law.

The court determined that spouses have an automatic duty to care for each other in times of illness, without need of special contracts.

In order for title of property to properly pass from one spouse to another in similar situations, it must be expressly written into a will or other document stating intent.