Daywalt v. Bertrand

In 1964 Victor Gr. Bertrand and Othella M. Bertrand, husband and wife, purchased an undivided one-half interest in a Coos County dairy farm, with another couple purchasing the other undivided one-half interest at the same time. In 1970 the Bertrands entered into a property settlement agreement in contemplation of divorce. The agreement provided Mrs. Bertrand “shall be sole owner of the interest of the” Bertrands in the farm. ① Before any divorce decree was entered Mrs. Bertrand was killed in an accident. ② She died intestate, leaving no surviving issue.

The question presented is: Does Mrs.…