Power

Two minor children, Romina Francesca Power (born October 2, 1951) and Taryn Stefanie Power (born September 13, 1953), by their mother and guardian, *755 Linda Christian Power, sued the executors of the estate of their deceased father, Tyrone Power, on a rejected creditor’s claim for $200,000 for their support after decedent’s death. The claim was predicated upon a covenant contained in a property settlement agreement, dated April 30, 1955, between Linda Christian Power and the decedent. After a trial by the court, sitting without a jury, and upon findings made judgment was entered for the defendant executors from which plaintiffs appeal.

The decedent and Linda Christian Power were divorced Hay 11, 1955; decedent remarried in 1958 and after his death on November 15, 1958, a posthumous son was born. The decedent died testate and his will admitted to probate, after leaving personal effects to his widow, establishes a trust which divides the residue of the estate into five equal shares for (1) plaintiff Bomina, (2) plaintiff Taryn, (3) decedent’s surviving wife, Debra Power, (4) decedent’s sister and (5) decedent’s posthumous child.

The creditor’s claim filed on behalf of plaintiffs…