Estate of Caldwell

John and Theresa M. Caldwell were husband and wife and the parents of Gladys Anna Caldwell. While divorce proceedings were pending the spouses entered into a property agreement purporting to settle all matters between them but the legal knot of matrimony. The agreement provided that $100 per month should be paid Theresa for the benefit of Gladys Anna during her minority, but in any ease not after Gladys Anna’s marriage. The agreement contained the following provision: “Said agreement is executed in triplicate, 'One thereof to be filed in said action now pending for the approval of the Court, and it is agreed that the provisions hereof be incorporated in whatever decree is rendered in said action and the same enforced by said decree.” The divorce was granted, but this agreement was never presented to the court and no order respecting property or support of the child was made. The agreement, however, has been executed in every respect and the $100 per month paid up to and including March 1, 1931. John died fourteen days thereafter, leaving a will in which all of his property was willed to his then wife, he having remarried. He mentioned the daughter, leaving her one…