This is an appeal from an order denying appellant’s petition for a modification of a final decree of divorce.

In May, 1934, respondent was granted an interlocutory decree of divorce from appellant and it was ordered that appellant pay to respondent for the support and maintenance of respondent and the three minor children of the parties the sum of $100 per month, and it was further ordered that “the property settlement heretofore entered into being between the parties hereto be, and the same is hereby, approved and made a part of this decree.” The same provisions were incorporated in the final decree entered in May, 1935. Said property settlement agreement provided that appellant would pay to respondent “the sum of $100 per month for the support, maintenance and education of said first party and said minor children.”

At the time of the entry of the final decree all three of said children were minors, but at the time of the hearing of the petition for modification only one was still a minor. Several previous petitions for modification had been denied and the trial court in denying the petition and in the order now appealed from, provided:

After there had been a partial hearing of appellant’s petition, respondent renewed her objection, made at the beginning of the hearing, that the court had no jurisdiction to grant the petition because of the provisions in the contract and the decree, and the court thereupon sustained the objection and denied the petition.

The second child of the parties became of age after the prior order and before the present proceedings were instituted. This is a sufficient change so that the doctrine of res judicata could not apply.

It is conceded by both parties that the sole question to be determined upon this appeal is whether the court had power to reduce the amount of $100 per month provided for in the agreement and in the final decree because of the fact that two of the three children of the parties are no longer minors. As was said by our Supreme Court in the case of Miller v. Superior Court, 9 Cal. (2d) 733, 737 [ 72 P. (2d) 868 ] :

In the case of Hodgson v. Hodgson, 6 Cal. App. (2d) 496 [ 44 P. (2d) 544 ], the court said at page 499:

In the instant case it will be noted that the language of the contract and also the final decree is that appellant will pay to respondent the sum of $100 per month for the support, etc., of herself and the minor children. If the agreement and decree had provided that said sum was to be paid to respondent for her support and maintenance, it is clear under the authorities that the court would not have the power to change the amount. But it cannot be doubted that a portion of the said sum of $100 per month was agreed upon and provided for said minor children. There is nothing in the agreement from which we would be justified in concluding that the parties agreed that the respondent wife should continue to receive the said sum of $100 per month for her support and maintenance after the minor children became of age. If such were the intention, it could easily have been written into the agreement. It does not appear from the agreement itself just what property the parties owned at the time of its execution, but it does appear from the agreement that respondent wife received all of the property of the parties except an automobile.

So far as we have been able to discover there is no California case dealing with this precise question. However, in the case of Keith v. Keith, 270 Ky. 655 [ 110 S. W. (2d) 424 ], decided by the Court of Appeals of Kentucky in 1937, the facts are very similar to those of the instant case and the reasoning of that case commends itself to us. In the ease cited a decree of divorce was granted to the wife in 1932 and the custody of four minor children was likewise awarded to her, and there was incorporated in the decree of divorce the agreement of the parties whereby the husband was to pay to the wife $90 per month for the support of herself and the said minor children. A petition was filed by the husband in 1936, to reduce the amount required to be paid by him upon the ground that one of the children had reached the age of majority and another was self-supporting. The trial court denied the petition upon the ground that the agreement which was incorporated in the judgment did not contain any reservation authorizing a reconsideration of the matter. In reversing the order of the trial court the Court of Appeals of Kentucky said:

We conclude that in the case at bar, the provision in the contract and in the final decree being that appellant should pay to respondent the sum of $100 per month for the support and maintenance of respondent and said minor children, the trial court erred in deciding that it did not have jurisdiction or power to modify said final decree notwithstanding the fact that two of the minors had reached the age of majority. We believe, therefore, that the order of the trial court denying appellant's petition should be reversed and that the trial court should proceed to hear the said petition upon its merits in the light of the changed condition as to the minority of said children, and determine what reduction, if any, should be made in the monthly sum to be paid to respondent. We are, of course, expressing no opinion as to the amount of said reduction, if any, as that is a matter exclusively for the trial court to determine upon its merits.

It is so ordered.

Barnard, P. J., and Marks, J., concurred.