Hanrahan

*978 Opinion

James S. Nicholas, the decedent above named, died in 1974. Appellants are the heirs of Maude A. Nicholas, (1) to whom James had been married until they were divorced in 1945 and (2) upon whose subsequent death, in the same year, he had acquired full title to certain property which had been held by him and Maude in joint tenancy before and áfter their divorce. In probate proceedings conducted upon his death, appellants claimed an interest in the property pursuant to the law of intestate succession. They appeal from an order of the probate court denying their claim.

The appeal has been taken upon a clerk’s transcript and an agreed statement filed in accordance with rule 6(a), California Rules of Court. These sources, and certain documentary evidence received by the probate court, support the factual and procedural recitals which follow.

James and Maude were married in 1919. During their marriage they acquired and held, as joint tenants, a parcel of real property located in Oakland. In 1944, and in connection with a divorce action then pending between them, they entered into a written property settlement agreement (hereinafter “the 1944 agreement”) in which they…