Estate of McCoy

SCHOTTKY, J. pro tem.

This is an appeal from an order denying appellant’s petition for a family allowance. The admitted facts are as follows:

Appellant and Thomas E. McCoy, now deceased, were husband and wife. They had no children. Appellant had procured an interlocutory decree of divorce under a complaint charging him with extreme cruelty. Prior to the rendition of said decree appellant and deceased executed a property settlement agreement the terms of which, so far as material here, are as follows:

“The settlement of community property rights effected by this instrument shall continue to be…