In re the Estate of Porter

Collins, S.

The court holds that Gertrude Cheever Porter, the first wife of the testator, under the agreement of separation dated March 21, 1924, has no claim to any payment from his estate after his death except such as had accrued at that time. The general proposition that alimony payments cease on the death of the husband may be avoided by an express agreement of the parties. (Matter of Grimley, 200 Misc. 901.) However, the burden of affirmatively showing such agreement is cast on the woman claiming alimony payments accruing after death and *612her claim must fail if, after a consideration of…