King

The question presented on this appeal is whether the trial court erred in its construction of the language of a property settlement agreement.

The agreement was dated July 12, 1945. One of the provisions thereof was that several parcels of real property should thereafter be the separate property of the husband. The paragraph relating to the support of the wife and upon which the present action is based is as follows:

Dr. King died on June 2, 1958. It was the plaintiff’s contention at the trial that “actual gross income” included income from all sources whereas the defendant executrix of the estate of Dr. King asserted that “actual gross income” was intended by the parties to mean only Dr. King’s professional income as a physician. 1 It was stipulated that if the plaintiff’s position was found to be correct, the amount owing as of the date of Dr. King’s death was $2,900. Judgment for that amount (and for other amounts not involved on this appeal) was entered in favor of the plaintiff.

At the trial Mr. Gammon, counsel for the defendant, who had represented Dr. King in the negotiations relating to the agreement, was sworn as a witness on behalf of the defendant. After the…