Rabwin

These appeals have been consolidated by stipulation. The appeal in No. 29796 is taken from an order granting respondent executor’s motion for the issuance of a writ of execution. The writ is designed to enforce provisions of an interlocutory judgment of divorce ordering appellant to make certain monetary payments in compliance with the executory provisions of a property settlement agreement. The appeal in No. 30306 is from the judgment adverse to appellant in an action for declaratory relief wherein he sought an adjudication of the question whether or not he was legally obligated to continue making the payments under the terms of the agreement accruing subsequent to the death of the divorced wife. Respondent is the executor of the will of the deceased wife.

The hearing on the motion for the issuance of the writ and the trial of the declaratory relief action were consolidated. In addition to the property settlement agreement and the interlocutory judgment, the record contains the testimony of appellant and his brother and certain documentary evidence. It appears that appellant is a practicing attorney with more than 30 years of experience and that he was represented in the divorce…