Estate of Poole

Appeal from a judgment denying the petition of appellant, Bernyce Watson, a surviving sister of the decedent, for the issuance of letters of administra tion to her in the matter of the decedent’s estate, ordering that letters of administration issue thereon to respondent, Olive L. Poole, the surviving wife of decedent, and decreeing that a certain separation and release agreement by the terms of which said surviving wife had purportedly released and relinquished all rights and claims of inheritance in and to her husband’s estate be declared void and cancelled.

Appellant in her petition for letters of administration, in addition to setting forth facts purporting to establish the usual factual grounds for issuance of letters of administration, alleged in substance that the decedent’s surviving wife had relinquished all rights of inheritance from the decedent and all rights in and to his properties and estate under a separation and release agreement executed by decedent and his said wife on January 19, 1956. A copy of said separation and release agreement was attached to and made a part of appellant’s petition which, in essence, provided as follows: that the parties mutually agreed…