Kelly v. Kelly

Plaintiff individually and as guardian and trustee of her two minor sons brought this action to compel defendant, her former husband, to .pay to her one-half of all money and property received by him upon the termination of a testamentary trust, under which said defendant and others became entitled to share in the distribution of the corpus of the trust property. Plaintiff Mrs. Kelly claims this right against defendant by virtue of a property settlement executed prior to the termination of the trust and while they were husband and wife. The court below upheld defendant’s contention that by…