Roberts

Appellant Lucy C. Roberts was granted a final divorce from the deceased, Theodore Roberts, with alimony fixed at $75 a month, later raised to $100 a month which was paid by the deceased up to the time of his death in December, 1928. Appellant, on February 20, 1929, presented a claim against the estate demanding the alimony payments for the months of January and Feb-' ruary. The claim was rejected and this action was eom mcnced to enforce the payment thereof. A demurrer to the complaint was sustained and, appellant having declined to amend the complaint, the court entered judgment in favor of the respondent. The only question involved in the appeal is whether alimony granted to a wife in a decree of divorce terminates upon the death of the husband.

In passing upon a similar claim by a wife in a case where the order for alimony, made pursuant to a stipulation in open court, provided that the husband pay the wife “the sum of fifty dollars on the first day of each and every month during the remainder of her natural life”, the decree wras interpreted not as an award of permanent alimony, but an award of a life annuity given in lieu of a division of the property of the spouses and not…