Lesh

In December of 1949 plaintiff secured an interlocutory decree of divorce from defendant which, among other provisions, approved a property settlement agreement between the parties entered into three months earlier; these provisions were made binding by the terms of the final judgment entered in January of 1951. More than 17 years later (in July of 1968) plaintiff, by way of an order to show cause, applied for a writ of execution under section 685, Code of Civil Procedure, asserting that the sum-of $37,431.09—$10,000 by way of principal, the rest being compound interest—was due her under paragraph 6 of the agreement; she also asked for attorneys’ fees and costs. Following a hearing during which oral and documentary evidence was received, the court denied plaintiff’s application for the writ, also her request for attorneys’ fees and costs. She appeals from this order.

Paragraph 6 of the agreement was but one of several paragraphs in which provision is made for division of the community assets as well as for maintenance of plaintiff and the parties’ two children, then aged 12 and 6 years. It reads as follows: “That the husband shall pay to the wife, out of distributions…