Estate of Bartolo

McCOMB, J.

Appellants have appealed from an order admitting the holographic will of Louis Bartolo to probate. There is also a purported appeal from the judgment sustaining without leave to amend a demurrer to the second amended contest of respondent.

Facts:

Appellants are the living brothers and sisters of decedent. Respondent is the divorced wife of decedent and the named beneficiary of an holographic will executed by decedent the 11th of January, 1946, by which he bequeathed all of his possessions to respondent, and which included this statement, “If we are divorced- or separated she still is to receive the forementioned benefits—to be the sole heir.” At such time respondent was decedent’s wife.

On January 16, 1946, respondent and decedent executed a property settlement agreement, which, after reciting that they were living separate and apart from each other and agreed to so live in the future, contained, among others, the following paragraphs:

“. . . Whereas, it is the desire and intention of the parties hereto that their relations with respect to property and financial matters shall be settled and finally established by this agreement in order to determine and settle once and for all time the present and future property rights, claims, and demands of a pecuniary nature between the parties hereto in such manner that any action with respect to the rights and obligations of the one to the other which may now exist or which may or can hereafter arise shall be finally and conclusively settled and determined by this agreement; . . .

“. . . It is the intent and understanding of this agreement

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that all claims of whatever nature or extent which may be asserted against either party hereto are intended to be included herein and each party shall take the property set apart to him or her by the terms of this agreement, free and clear of all debt or obligations of the other, present or future, except as otherwise expressly provided herein.

“. . . Second Party hereto, as the husband of the First Party, and First Party hereto, as wife of Second Party, each does hereby relinquish all right in law, or in equity, or by descent or inheritance in and to all property or rights in property which the other now has or may hereafter acquire of whatever nature, including community rights in property acquired or to be hereafter acquired during the continuance of the marriage of the parties hereto, or now in the possession of said parties. Each party hereby releases and relinquishes all right to act as executor, administrator or personal representative of the estate of the other.