In re the Estate of Phillipson

Joseph A. Cox, S.

In this accounting proceeding, the only question remaining for determination is the construction of the separation agreement between the decedent and his wife. All parties concede the agreement to be valid.

The testator’s wiU was executed in 1951. The parties were married in 1952. They were both residents of Florida, where the widow instituted an action for divorce on April 27, 1954. While this action was pending and in fact, after the entry of an order awarding temporary alimony, the separation agreement in question was executed and duly acknowledged on May 15, 1954 in…