In Re Estate of Sloan

VICTOR E. SHAW, J.,

pro tem.

This is an appeal from a judgment of dismissal -entered against petitioner, Dola Arvilla Sloan, upon the sustaining of a demurrer to her second amended petition, filed under section 1465 of the Code of Civil Procedure, without leave to amend.

It appears from the petition that petitioner and James Harvey Sloan were married on the 15th of January, ,1894, and lived together as husband and wife until March 16, 1916, on which date he left the family residence and thereafter, without her consent, continued to live separate and apart from her; that on July 25, 1916, the parties entered into an agreement, which, after reciting the fact that they were husband and wife and desirous of settling their rights as to property, 'all of which, it was declared, was community estate, provided that Dola Sloan should have as her sole and separate property certain described real estate, including the family residence, valued at six thousand dollars, upon which she, on October 5,1915, had filed a declaration of homestead, together with the furniture and furnishings therein, also all moneys then in her possession and that due to her. As to the husband, it was agreed that he should, as his sole and separate property, retain all moneys then in his possession, and that due him, and also “all stocks, bonds and other securities which he now owns or which he may hereafter acquire,” together with his professional library then in possession of the wife and which she agreed to surrender to him on demand therefor; also, all the office furniture, effects, fixtures, and certain described dental appliances. The agreement further provided that “all property hereafter acquired and all earnings which may be made or acquired by the parties hereto shall be his or her sole and separate property, respectively, free from all claim of the other party; that each of the parties hereto shall have the right to dispose of his or her property, both real and personal, that may be hereafter acquired by either of them, as fully and effectually as if the parties hereto were not married and had never been married, and that each party hereby releases and relinquishes to the

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other party, and to his or her heirs, assigns and legal representatives, all claims, demands and interests against or in the estate of the other upon the death of either.