Estate of Theodore R. Mortner & a. v. Lindsay Thompson

*1262 This appeal arises in the wake of our decision in In the Matter of Mortner & Mortner , 168 N.H. 424 , 429, 130 A.3d 584 (2015), in which we held that the death of Theodore Mortner (Husband) prior to issuance of a divorce decree abated the divorce action instituted by his then-wife, defendant Lindsay Thompson (Wife). We declined on preservation grounds in that case to address whether a property settlement agreement entered into by Husband and Wife during the divorce action's pendency survived the action's abatement as an independently enforceable contract. See Mortner , 168 N.H. at 429-30 ,…