Allen

Appellant Christine Allen and one Joseph E. Allen were, from on or about the 31st day of December, 1933, to the 23rd day of June, 1950, husband and wife.

For some time prior to the dissolution of the marriage Joseph E. Allen conducted and managed a drug store business which included an off-sale beverage license, a stock in trade of alcoholic beverages, drugs, sundries, fixtures, accounts receivable and good will. The property belonged to the community. In contemplation of the dissolution of the marriage, the husband and wife entered into a property settlement which provided in part that the drug store business, in the event of a divorce being granted, should thenceforth be held as a tenancy in common, each party to own a one-half interest. The agreement further provided that the drug store was to remain “ * * under the active management and control of the husband.” In granting the decree of divorce the Court, in its decree, approved the property settlement in all respects and ordered and directed the parties to meet and observe the obligations contained in said property settlement. Subsequent to entry of the decree of divorce ex-husband Allen continued operating the drug store…