Estate of Eskra

Holding

The court held that Brandy L. Eskra’s unilateral mistake as to whether the premarital agreement had been amended to remove death‑related waivers was a mistake of fact for which she bore the risk; consequently, under Civil Code §§ 1577, 1578 and the Restatement (Second) of Contracts § 153, rescission was unavailable. The trial court’s failure to make additional findings on voluntariness under Family Code § 1615(c) was not prejudicial, and the appointment of the respondents as co‑administrators stood. ---