Jones

Plaintiff L. A. Jones, as guardian of the Estate of Roderie Allan Stellar, an incompetent, instituted this action against defendant Murray H. Roberts, as executor of the estate of Robert W. Stellar, deceased, for moneys allegedly due to the incompetent as a third party beneficiary under the terms of a property settlement agreement between the decedent Robert W. Stellar during his lifetime, and Marjorie Stellar, the parents of the incompetent.

The complaint contained two causes of action, the second of which was dismissed by stipulation at the pretrial hearing. The remaining first cause of action alleged that in connection with a property settlement agreement dated December 26, 1951, the aforesaid parents of the incompetent contracted that the father, Robert W. Stellar, would support the incompetent son and furnish him with certain hospital and institutional care. The answer denied generally the allegations of the complaint other than the execution and validity of the property settlement agreement.

The record reflects that the incompetent son is presently confined in the State Hospital at Camarillo, California, suffering from a mental disorder known as schizophrenia. That this…