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eBook details

• Title: Sard v. Sard Et Al.
• Author : Waldo Supreme Court of Maine
• Release Date : January 28, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

On exceptions. These five cases involve the rights of Abbie I. Sard and her two children, Russell E. Sard, Jr., and Abigail Sard Trafford, against the estate of Russell E. Sard, divorced husband of Abbie and father of Abigail and Russell, Jr. Their respective rights are dependent upon and are governed by the terms of a separation agreement entered into in the State of New York between Abbie I. Sard and the decedent prior to their divorce. This agreement was found by the Nevada Court, which subsequently entered the decree of divorce, to constitute a fair and equitable agreement and settlement of the property rights of the respective parties. It was specifically ""approved,"" ""adopted and made a part of"" the decree of divorce. By its terms said agreement was to bind the heirs, executors, administrators, assigns and legal representatives of both the parties. Among other things the husband agreed to pay his wife ""The sum of Six Thousand dollars ($6,000) per annum, payable in equal monthly installments"" during the natural life of the wife or until her remarriage. It was further mutually agreed that the husband and wife would each execute a will providing ""a bequest, in the sum of not less than Fifty Thousand dollars ($50,000) to each of said children."" The separation agreement was executed in New York on the 25th day of July, 1930. The divorce decree above referred to was dated November 10, 1930. Subsequent to the entry of the divorce decree, in acknowledgment of the performance of certain provisions contained in the agreement with respect to a possible divorce decree the husband signed a statement that the decree of divorce complied with the terms of the agreement. The husband later (July 23, 1935) remarried and died testate, a resident of Waldo County in this State, leaving as widow, Rebekah Wilmer Sard. The two children, who were both of age at the time of his death, survived him. By his will he nominated his widow, Rebekah, and his son as executors and, the will being allowed, they were confirmed as such. Under the will no provision was made for assuring the continuation of the payments to his former wife. Although there was a provision in the will for his children, it is claimed by both of them that the same does not conform to, nor satisfy the terms of the separation agreement and divorce decree.

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