In re the Estate of Bernstein

Joseph A. Cox, S.

This is a proceeding brought by the decedent’s wife to compel payment of a claim asserted under an alleged separate agreement for support and maintenance which it is further alleged was subsequently incorporated in a judgment of separation. The said wife, the petitioner herein, has now moved for summary judgment with respect to her claim and the executors of the decedent’s estate have made a cross motion for summary judgment dismissing the petitioner’s claim. Although the matter has been submitted to the court for decision as a matter of law upon an undisputed state of facts,…