Scott

By the instant action, plaintiff Nancy E. Scott, as special administratrix of the estate of Harold Hill Scott, deceased, sought a declaratory judgment and other equitable relief upon the basis of plaintiff’s interpretation of the provisions of a property settlement agreement between said decedent and his former wife, the defendant Florence W. Scott. Said agreement was dated and purportedly was effective as of November 1, 1949, although it was executed on March 18, 1950. After a nonjury trial, the court below filed its findings of fact and conclusions of law and entered its judgment in favor of defendant, decedent’s former wife. Thereafter, the trial court granted plaintiff’s motion for a new trial on the ground that the evidence was insufficient to support the judgment. Defendant has appealed from the order granting the new trial and plaintiff has taken a cross-appeal from the judgment.

Except with respect to the determinative issue as to the intent of the parties to the agreement, all material facts relating to the acts of the parties are undisputed and were established by documentary evidence. The property settlement agreement contained, inter alia, the following…