Randlett v. Randlett

DELAHANTY, Justice.

This appeal raises the question of the propriety of a declaratory judgment, to be entered during the lives of the spouses, which would decide whether a separation agreement negotiated by the parties and incorporated into their divorce decree will obligate the defendant-husband’s estate to continue making alimony payments to the plaintiff-wife in the event that she survives him. Since we conclude, contrary to the rulings of the courts below, that a justicia-ble controversy exists, we sustain the appeal and remand the ease for further consideration on the merits.

By a decree…