Gray

This case was remanded by the Court of Appeals to this Court for an evidentiary hearing to determine whether the claim of Jane Robertson against the estate of William Robertson for life insurance proceeds was founded on a promise or undertaking which was bona fide and for adequate and full consideration.

William Robertson was a well-known and successful lawyer and a member of a prominent Los Angeles law firm. He and his wife, Jane Robertson, separated on August 15, 1966, after 22 years of marriage. He was the one who insisted on the separation. On August 24, 1966, William and Jane entered into a property settlement agreement which, among other things, provided that William would pay Jane $600.00 a month for support and maintenance until her death or remarriage or his death. It also provided that he would maintain a life insurance policy with her as his beneficiary. In addition, it contained the usual releases, including a waiver by both parties of the right to inherit the estate of each other. The provisions are not repeated here because they are set out in the opinion of the Court of Appeals. Gray v. United States, 541 F.2d 228 (9th Cir. 1976).

Thereafter William…