Rogers v. Rogers

WOLLMAN, Justice.

This is an appeal from the trial court’s order denying appellant’s motion to vacate a judgment and decree of divorce. We reverse and remand.

Appellant and appellee were married in 1949 and had seven children, only one of whom was a minor when this divorce action was commenced in 1980. On January 29, 1982, the parties entered into a settlement agreement that had been negotiated on their behalf by their attorneys. Paragraph VIII of the agreement provided in part:

The husband agrees to execute and keep in force at all times a valid Last Will and Testament, the terms being that if…