Graham v. Graham

Opinion by

Mr. Justice Roberts,

Appellee, Eleanor Graham, and William J. Graham were divorced by decree of the Circuit Court of Jackson County, Florida, on May 24, 1960. The property settlement agreement provided that appellee was entitled to $1,500 per month for a period beginning in 1960 and terminating five years after William Graham’s death. Additionally, the husband promised to create a testamentary trust under which 400 acres in Butler County, Pennsylvania would be held for appellee’s “use and benefit”.

On August 10, 1971, William Graham died leaving a will which failed to incorporate…