Estate of Schumacher

N.E. Youngblood for Objector and Respondent.

OPINION

WHELAN, J.

Evelyn L. Schumacher, as guardian of Laura Mary Schumacher and Suzanne L. Schumacher, minors, appeals from an order setting aside an order for payment of family support for said minors under Probate Code section 681.

M. John Schumacher (Schumacher), a practicing psychiatrist, and father of said minors, died April 24, 1969.

Evelyn L. Schumacher (Evelyn) is the former wife of Schumacher and the mother of the minors. On July 1, 1963, she and Schumacher executed a property settlement agreement by which he contracted to pay $200 per month for the support of each of the minors.

In the subsequent divorce decree the agreement was approved and the parties ordered to perform its terms.

Laura Mary was born on February 14, 1950, and Suzanne Lynne on April 20, 1951.

On July 3, 1969, Evelyn, on behalf of herself and the minors, filed a petition for a family allowance of $200 per month for each child alleging the contract provision and the divorce decree ordering compliance.

An ex parte order was filed on the same day (although dated July 2) fixing an allowance of $200 per month for each child commencing as of May 1, 1969,…