Estate of Crane

CONREY, J.

This is an appeal from an order in probate for the final distribution of the estate of the above-named decedent. By the terms of the decedent’s will the appellant, who is surviving widow of the decedent, was bequeathed the sum of “one thousand dollars in money, or value from residue interests for every year or major fraction thereof of our married life”. The trial court decreed that the widow was not entitled to take the bequest for the reason that she

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had entered into the property settlement agreement hereafter described.

The parties were married on October 21, 1925. The will was made on November 4, 1926. The parties separated January 21, 1927, and they entered into the property settlement agreement on February 21, 1927. They resumed marital relationship on January 1, 1928, and again separated March 7, 1928. The date of decedent’s death was June 26, 1929. The will was an holographic will.

The pertinent parts of the property settlement agreement are as follows: “It is further expressly covenanted and agreed that neither of the parties hereto will in any way or manner contest or oppose the probate of the other’s will, whether heretofore or hereafter made, or interfere with the other, his or her heirs or assigns, in the exercise of the rights of property herein agreed to; that neither of them will at any time hereafter assert any right, interest or title as heirs at law of the other or as against the estate of the other, and all claim or right as surviving husband or wife, and all right to contest or oppose the last will of the other is hereby expressly waived, together with all right to administer, or to apply for letters of administration, or letters of administration with the will annexed, upon the estate of the other. ... It is the true intent and purpose of this agreement that the parties hereto have settled and forever adjusted, and that they do hereby settle and forever adjust, by and between themselves, all present and future property rights of every kind and nature, whether community or separate, wheresoever the same is or may be located and all other rights and claims which either may have or claim to have against the other, so far as their property rights are concerned, and in addition thereto that the said parties hereto have settled and adjusted, and do hereby settle and adjust, and forever determine, all of their respective rights to, of and in any inheritance the one from the other, respectively, or in or to the estate of either.”