Markel v. Transamerica Title Insurance Company

McFARLAND, Chief Justice.

This case is before us on a petition for review of the decision of the Court of Appeals, 6 Ariz.App. 585, 435 P.2d 714, affirming the judgment of the trial court. Decision of the Court of Appeals vacated.

In December 1939 plaintiff Edna Markel obtained a divorce from Earl E. Van-Y, hereinafter called Earl, in Sedgwick County, Kansas, where they were both living. The divorce decree approved a written property settlement in lieu of alimony, by which Earl agreed to give plaintiff “one-half interest in any funds that may be obtained through” the sale of a parcel of real…