Cooke v. Cooke

Hallinan, J. (dissenting in part).

As I read the complaint, this is an action to recover installments, payable to appellant “ during her lifetime ” by respondent’s testate, pursuant to the provisions of a separation agreement which, in accordance with its terms, was made part of a Florida decree of divorce thereafter obtained by the decedent. The action is therefore essentially founded upon a foreign decree of divorce. In essence, the amended answer set up the claim, and the Trial Term held, that the decedent’s will, executed prior to the separation agreement, made such other provision for…