In re Estate of O'Keeffe

At the close of the hearing of the petitions on the part of the public administrator and of C. L. La Rue for letters of administration, with the will annexed, of the above-named decedent, all matters were decided except as to one point, whether Mrs. Nellie 0. O’Keeffe had, by a stipulation signed by her in her divorce proceeding, waived her right to inheritance in her husband’s estate.

The public administrator relies upon the case of In re Davis, 106 Cal. 453 , 39 Pac. 756 , decided by Mr. Justice Van Fleet, with reference to the construction of articles of separation between the husband and wife, which read substantially as follows: “In these articles Alice A. Davis, the wife, stipulates and agrees, for the consideration expressed, that she will receive the same in full satisfaction of all claims she may have as the wife of said "W. "W. Davis on any property he has now *456 or may in any manner acquire-, and hereby does relinquish and surrender forever all claims of any nature she may now or hereafter have against any property that said W. W. Davis may now have or may hereafter in any manner acquire.”

In his concurring opinion Justice McFarland says: “It is to be observed,…