Wendell v. Sovran Bank/Central South

OPINION

FRANKS, Judge.

In this action on the behalf of deceased’s minor son asserting a claim against decedent’s estate for “breach of a Child Custody and Property Settlement Agreement”, the trial court concluded the promise to procure life insurance did not create a separate property right in the child nor did the deceased’s child support obligation survive decedent’s death.

Janice W. Wendell, guardian for her minor son Eric, married deceased on May 15, 1972. Eric was born to the marriage on *373October 13,1973. Pursuant to a divorce on March 2, 1983, the deceased and Janice executed a “Child…