DOROTHY M. NEWHALL, Plaintiff and Respondent, v. RUTHIE M. NEWHALL, as Executrix, etc., Defendant and Appellant

227 Cal. App. 2d 800 · 20787

California Court of Appeal · Filed June 15, 1964

Holding

The court held that a decedent’s obligation to make child support payments, as stipulated in a property settlement agreement incorporated into an interlocutory divorce judgment, constitutes a surviving debt against his estate that continues beyond his death for the duration of the children’s respective minorities.

Statutes construed

CCP § 1908
CIV § 139
CIV § 3517
PROB § 707
PROB § 714
PROB § 950
PROB § 952
PROB § 953
PROB § 953.1

Cited by (1)

Estate of PAUL M. HERRERA, Deceased. MARIE HERRERA, Petitioner and Appellant, v. FARRELL CONSTRUCTION COMPANY, INC., Objector and Respondent (1992) 10 Cal. App. 4th 630

Authorities cited (7)

L. A. JONES, as Guardian, etc., Respondent, v. MURRAY H. ROBERTS, as Executor, etc., Appellant 163 Cal.App.2d 89
Dabney v. Dabney 9 Cal.App.2d 665
Miller v. Miller 171 Cal. 269
Verdier v. Roach 96 Cal. 467
Estate of JOHN BETTENCOURT GOULART, Deceased. JOHN DAN GOULART, a Minor, etc., et al., Petitioners and Respondents, v. EDITH GOULART, as Executrix, etc., Objector and Appellant 218 Cal.App.2d 260
Newman v. Burwell 216 Cal. 608
Taylor v. George 34 Cal.2d 552