In re the Accounting of Baratta

Henderson, S.

The decedent’s widow has asserted a claim against the estate for certain payments accruing subsequent to decedent’s death, pursuant to the terms of a separation agreement which did not expressly specify that they were to continue during her life.

The decedent and the claimant were married in 1923. They separated in 1932 and while living apart entered into a separation agreement on May 18, 1933, by the terms of which the decedent agreed to pay his wife the sum of $15 per week. No provision is expressed as to the duration of the payments.

Upon the decedent’s death, the widow applied…