Coons

This is an appeal from a judgment in favor of the respondent, Mathilda M. Henry, cancelling and setting aside a purported property settlement agreement. Mathilda M. Henry filed this action to cancel and set aside a purported property settlement agreement between herself and her deceased husband, Ziba L. Henry. Mathilda survived her husband, but died pending this appeal, and the matter is continued in the names of the executrices of the will of Mathilda M. Henry. The appellants are the executors of the estate of Ziba L. Henry and the other heirs at law of Ziba L. Henry.

The basic facts are not in dispute. Ziba L. Henry and Mathilda M. Henry were married on December 4, 1929, and lived as husband and wife until October 16, 1955, when Ziba L. Henry died. By his will, dated April 11, 1955, Ziba L. Henry bequeathed his estate, valued at $43,177.83 in five equal parts to his widow and his four adult children by a prior marriage.

On April 13, 1955, Ziba L. Henry and the respondent executed a written agreement to the effect that in consideration of two annuity contracts which he obtained for her, she waived her community property rights to all property considered community property of…