Parker v. Parker

THE COURT.

In a divorce action pending in the superior court of Los Angeles County in 1912, wherein Francis M. Parker (the decedent herein) was plaintiff and Willie 0. Parker (plaintiff and respondent herein) was defendant, it was stipulated in open court at the trial that “if a decree for divorce should be awarded to either party, the court instead of dividing the property of said parties between them might provide for the separate maintenance of defendant by awarding to her certain property for life, and that plaintiff pay defendant such monthly allowance and secure the same by a lien upon such property of plaintiff as in the discretion of the court should seem proper.” Thereafter a decree was entered therein in favor of Francis M. Parker, plaintiff therein. It was provided in the interlocutory decree and also in the final decree which followed in due course “that said plaintiff pay to said defendant

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the sum of fifty dollars on the first day of each and every month during the remainder of her natural life, beginning on the first day of September, 1912, and to secure the payment of said sum of fifty dollars per month a lien in favor of said defendant is hereby created and declared to exist upon the remainder over and interest of said plaintiff in” certain real property therein described. (See

Parker

v.

Parker,

55 Cal. App. 458 [203 Pac. 420].)

Said Francis M. Parker died in 1922, and the executrices of his estate refused to continue thereafter the payments of fifty dollars per month as provided in said decree, upon the ground that his liability therefor terminated with his death. Thereupon said Willie 0. Parker duly presented her claim against his estate for the payments accrued and unpaid, which was disallowed. She thereupon commenced this action against the defendants as executrices of his estate and, recovered judgment in the court below, from which this appeal is prosecuted.

The merits of this appeal depend upon the true interpretation of the effect of the quoted provisions in the decree of divorce. If those provisions are to be regarded in the light of the rules governing the interpretation of contracts there would be no room for a difference of opinion as to their meaning and effect. It is there provided “that said plaintiff pay to said defendant the sum of fifty dollars on the first day of each and every month during the remainder