Lopez

Defendant appeals from an order of the superior court setting aside an interlocutory decree of divorce, a final decree of divorce, and a property settlement agreement.

Facts: Plaintiff wife and defendant husband stipulated in a divorce proceeding that under a property settlement agreement to be executed between them defendant would, among other things, agree to pay plaintiff $200 per month for her support and $300 per month for the support of the parties’ minor child. No time limitation for such payments was specified.

It was also stipulated that upon reduction of the agreement to writing either party might apply to the court for a default hearing.

Thereafter, defendant’s attorney drafted an agreement and submitted it to defendant, who was also an attorney. The draft provided, “Said payments [for plaintiff’s support] shall continue until such time as said wife shall die or remarry. ’ ’

Defendant inserted “or husband” after “said wife,” so that the provision read, “Said payments shall continue until such time as said wife or husband shall die or remarry.”

The agreement was then typed in final form (13 pages) in the office of defendant’s attorney, who later left it in his *737…