In Re Estate of Yoss

The question presented is whether decedent’s divorced wife upon the death of her former husband ceased to be entitled to monthly allowances awarded her as alimony. Although considerable authority from other jurisdictions bears directly on this question it seems to be an open one in this state.

Plaintiff and decedent were married in 1906 and lived together until July 1927. They had one child. ■ Upon their separation they entered into a written agreement which settled “all their property rights” in case a divorce should be granted. It provided the agreement “shall be incorporated into and made a…