Berry v. Berry

Atkinson, Presiding justice.

(After stating the foregoing facts.) The first question for decision is whether the decree awarding Mrs. Margaret Berry $25 a month as permanent alimony, so long as she remained unmarried, survived the death of the husband as a charge upon his estate.

It is stated in 17 Am. Jur. 473, § 608: “According to the weight of authority, a decree, granted in connection with an absolute divorce, for the regular periodical payments of alimony to the wife for her maintenance and support is terminated upon the husband’s death, in the absence, at least, of some stipulation in the…