In re the Estate of Breaznell

Harry G. Herman, S.

The report of the special guardian in this accounting proceeding raises an issue as to the liability of the estate of decedent to continue payments for the support of a minor son under a separation agreement made in September, 1950. The special guardian contends that the husband’s liability for the support of his minor child survived his death and will continue until such child attains his majority.

Decedent died intestate survived by a widow and two children by a prior marriage, one of whom was a minor. By paragraph “fourth” of the separation agreement decedent agreed to…