Estate of Andres

Respondent Margaret Andres is the widow of William P. Andres, who died on the twenty-second day of February, 1931, leaving property in the county of Los Angeles now subject to administration under the will of decedent. Respondent petitioned for an allowance for her support and maintenance, which petition was granted. Contestant, who is executor of the will, and also is an heir at law of decedent, appeals from said order.

Respondent and the decedent William F. Andres had lived separate and apart from each other at all times since the year 1905, but never were divorced. Shortly before their separation they entered into an agrément in writing, dated November 17, 1905. In this agreement nothing was said to indicate that the parties intended to live apart from each other. The agreement referred entirely to property and recited that they desired to separate their property interests, “in order that each party may have exclusive control and disposition of all property standing in his oilier respective name”. Therefore in consideration of the premises and of other good and valuable consideration, and of the sum of $2,350 received by Mrs. Andres “in full satisfaction for this agreement and…