Parsons v. Parsons' Estate
| Decision Date | 04 April 1921 |
| Docket Number | 9807. |
| Citation | 201 P. 559,70 Colo. 333 |
| Parties | PARSONS v. PARSONS' ESTATE. |
| Court | Colorado Supreme Court |
Rehearing Denied Nov. 7, 1921.
Department 1.
Error to District Court, Montrose County; Thomas J. Black, Judge.
Claim by Minnie M. Parsons, individually and as next friend of Zelta Louise Parsons, a minor, against the estate of Henry R Parsons, deceased. Claim disallowed, and claimant brings error.
Affirmed.
Catlin & Blake, of Montrose, for plaintiff in error.
John L Stivers, of Montrose, for defendant in error.
This cause is before us upon a writ of error to review a judgment of the district court of Montrose county disallowing a claim of a divorced wife against the estate of her former husband now deceased.
In March, 1918, the claimant, Minnie M. Parsons, brought an action for divorce against Henry R. Parsons. On April 17 1918, prior to the trial of the case, the parties entered into a written stipulation and agreement intended to settle their property rights and fix the amount and manner of payment of permanent alimony for the support of the plaintiff and of a minor child of plaintiff and defendant. That part of the written agreement which is material upon this review reads as follows:
'The defendant agrees and binds himself to pay to plaintiff the sum of thirty-five dollars ($35.00) per month so long as she shall remain single for the full maintenance and support of herself and the minor child of plaintiff and defendant, Zelta Louise. * * *'
Thereafter and on the same day the cause was tried upon its merits, resulting in findings for plaintiff. No testimony was taken for the purpose of fixing the amount of alimony, but in exact accord with the stipulation of the parties the court ordered that----
'Plaintiff shall receive from the defendant the sum of thirty-five dollars a month alimony for the support of plaintiff and said child as long as said plaintiff shall remain single and unmarried.'
The defendant in the divorce action died October 13, 1918. During his lifetime he paid all alimony due for the period of time ending October 17, 1918. Several months thereafter the plaintiff filed in the county court, a claim against the estate of the deceased for alimony as having accrued since October 17, 1918, notwithstanding the death of the divorced husband. The claim was disallowed, and on appeal to the district court was again denied.
The question to be decided is whether the divorced wife, Minnie M. Parsons, is still entitled to receive from the estate of Henry R. Parsons, deceased, the monthly allowance awarded to her as alimony for the support of herself and minor child, or whether she ceased to be entitled to the payment of such alimony upon the death of her divorced husband.
The decree as to the allowance of permanent alimony was a consent decree. It embodied fully the agreement made and filed by the parties, giving effect to and ratifying the agreement both as to the amount and as to the manner and time of payment of the alimony. It is generally held that agreements affecting the...
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Flicker v. Chenitz, A--69
...Divorce and Annulment (2d ed. 1945), § 13.35, p. 516; 42 C.J.S. Husband and Wife § 603, p. 189. Contra, Parsons v. Parsons' Estate, 70 Colo. 333, 201 P. 559, 18 A.L.R. 1038 (Sup.Ct.1921). Compare Victory v. Union County Trust Co., 4 N.J.Misc. 908, 134 A. 883 In construing the intention of t......
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