Menge

Plaintiff Betty W. Menge (formerly Betty W. Brown, wife of the defendant Louis A. Brown, Jr., and at the time of trial Betty W. Chapman) appeals from certain portions of the judgment in an action brought by her against her former husband and one Robert J. Magdlen “for declaratory relief and to invalidate a trust,” of which appellant and her former husband were trustors and said Magdlen was trustee.

Prior to the trial the parties resolved most of their controversies, terminated the trust by agreement, and, in order to expedite the sale of a portion of the trust properties then in escrow, waived their respective rights to appeal except as to certain limited questions.

The portion of the judgment from which the instant appeal was taken and of which appellant, in her briefs, seeks reversal is: “Item 2a (5) of the judgment . . . that the net proceeds of the sale of Lot 34 . . . shall be divided and paid over by the Trustee equally” to plaintiff and defendant Brown.

In her action for divorce, on December 21, 1953, plaintiff and her then husband, defendant Brown, stipulated in open court that plaintiff should be awarded “The use of Lot 34 located in Palmdale, and all of the income to…