Hartje's Estate

Opinion by

Mr. Justice Patterson,

This appeal is from a decree of the Orphans’ Court of Allegheny County disallowing a claim for payment of the amount due on a mortgage bond executed by a trustee out of the assets of the trust other than the mortgaged premises.

On March 7, 1910, Augustus Hartje entered into a separation agreement with Ms wife, Mary Scott Hartje (now Mary Scott Hartje Howard), obligating himself to pay her the sum of $6,000 annually during her life, and at her death to pay $100,000 to their two children. On the same date a tri-parte agreement was executed by Hartje, his wife, and…