Estate of Mesmer

A. J. Mesmer, decedent herein, and Elizabeth G. Mesmer were married in June, 1897. Izz August, 1917, while an action for divorce, instituted by the wife, was pending, the parties entered into an agreement regarding their property and providing for the maintenance of the wife. This agreement was apparently carefully drawn, and covers eleven pages of the printed record. It goes into detail concerning the property, and sets out minutely items concerning certain expenses azid taxes. By the terms of the agreement all of the community property was conveyed to defendant. The agreement provides in effect that defendant will pay plaintiff “alimony, and costs and attorney’s fees allowed by the court, such alimony not to exceed the sum of $200.00 cash, and $75.00 per month.” The defendant further agreed that he would make a will in which he would leave plaintiff one-fourth of all the property of which he might die possessed, provided plaintiff should survive him. It was also agreed that the parties were, within a fixed period, to select a lot with a house thereon, which was to be used as a home for plaintiff; that this was to cost not less than $2,000 and not moz'e that $2,750; that if the…