Jones

Appeal from decree of distribution. The controversy arises out of a certain contract of separation between deceased in her lifetime and her surviving husband, appellant. The court found that the husband had no interest in the wife’s estate, she having died intestate. The court also found that shortly prior to May 29, 1884, the said deceased commenced an action' against her said husband for divorce and division of the property: that a compromise was agreed to on said day last named, pursuant to which the agreement in question was entered into *500 and the suit for divorce and division of the property was dismissed; whereupon the parties separated, and so continued, holding no communication as husband and wife until her death, November 3, 1895. The appeal is on the judgment-roll presented by bill of exceptions.

The sole question presented by appellant is, "whether or not the separation agreement in question amounts to a waiver or release by appellant of his right to succeed to all or any portion of his wife’s estate.”

The agreement is as follows:

*501 Tbe agreement seems to be an attempt to make an equal division of tbe property, including tbe homestead. There is a mutual release…