In re the Estate of Hellwig

Foley, S.

In this proceeding to compel the executrix to account, a preliminary issue is raised as to the status of the petitioner as a creditor of the estate. The petitioner is the former wife of decedent. She has filed a claim based upon a separation agreement executed by her and the decedent on July 15, 1935. The single defense to the claim is that the separation agreement is part of a bargain to procure a divorce and is, therefore, illegal and void.

The surrogate holds that the agreement sued on is in all respects legal and valid and that the petitioner is entitled to enforce it against the…