Hutchinson v. Hutchinson

HANSON, J. pro tem.

This appeal by the former wife of the defendant involves a question of the construction of a declaration of trust, a property settlement agreement and a further question whether these instruments are illegal because of want of a legal consideration or unenforceable because of menace, duress and coercion alleged to have been practiced upon the husband by the wife before their divorce.

The controversy was initiated by the wife, who sought judgment for $76,862 which she averred had accrued to her since June, 1934, under the terms of the property settlement agreement. The trial…