Sears's Estate

Opinion by

Mr. Justice Maxey,

This case relates to presumptions and burden of proof. On December 2, 1924, M. S. Sears, since deceased, executed a written contract under seal agreeing with his wife, from whom he was then separated and soon after-wards divorced, that he would pay her monthly the sum of $80 “toward the support” of their child. He married another woman about twenty months later and died about six years after the execution of the contract of support. After his death the child’s mother, the obligee in the contract, presented a claim for $4,482.70 arising under that contract.

Sears’s…