Franklin v. Franklin

Hunt, Justice.

On the death of Robert A. Franklin, Jr., in 1984, appellant, as executrix of his estate, terminated the alimony payments required under the 1978 divorce settlement between Franklin and his former wife, Martha Franklin. The agreement which was incorporated in the decree provided in material part that: “Mr. Franklin shall pay to Mrs. Franklin the sum of $1,000 per month as alimony . . . until Mrs. Franklin marries or dies. . . . Said payments are a charge against the estate of Mr. Franklin,” and “Each and every item and condition of this Agreement are made charges against the…