In re the Estate of Wisbauer

Joseph A. Cox, S.

The petitioner in this proceeding to compel the executrix to account is the divorced wife of the testator. The petitioner asserts that she is a creditor of the estate and, as such, entitled to 75% of the net estate by force of an agreement entered into with her husband prior to the divorce. Her petition relies upon a notice of claim which alleges that the purported agreement was entered into during the pendency *281of a divorce action and that, in consideration of her taking the steps necessary to “ effectuate and consummate the divorce proceedings then pending between the…