Kinne v. Kinne

Pearson, A.C.J.

Bettie Kinne, surviving spouse of LeRoy Kinne, appeals from a summary judgment in favor of Kinne's ex-wife, Marie. The issue on appeal is whether a claim for payments chargeable against Kinne's estate under his dissolution property settlement constitutes a lien against the second spouse's award in lieu of homestead and family allowance. We hold that it does not; thus we reverse the summary judgment.

Marie and LeRoy Kinne were divorced on July 22, 1969. The dissolution decree incorporated a property settlement agreement entered into by Marie and LeRoy on April 24, 1969. By its…