Gladys E. Lincoln Gramm v. Elizabeth Lincoln, of the Last Will and Testament of Henry Lincoln, Deceased

HAMLEY, Circuit Judge.

The former wife of Henry Lincoln, deceased, brought this action against his widow, Elizabeth Lincoln, in her capacity as executrix of his estate. The original purpose of the action was to obtain specific performance of an agreement by Lincoln to pay alimony to plaintiff. In the alternative, the plaintiff, Gladys E. Lincoln Gramm, asked for judgment in the sum of $25,500 for unpaid alimony. Jurisdiction was based on diversity of citizenship. 28 U.S.C.A. § 1332.

Defendant moved for summary judgment. Plaintiff countered with a motion for leave to file an amended complaint in…