Hilton v. McNitt

Rollin L. MeNitt, as executor of the will of Hal H. Hilton, deceased, appeals from a judgment in favor of decedent’s divorced wife establishing and allowing her claim for $7,500 against his estate, which claim grew out of a property settlement agreement. It was made on July 25, 1953; Mr. Hilton died July 25, 1954, and Mrs. Hilton remarried on September 18,1954. The judgment now on appeal was rendered after a second trial of the action.

The troublesome terms of the agreement are the following: “Ruth M. Hilton wife and Hal H. Hilton husband, hereby agree that ... it is their mutual desire to…