Stone v. Bayley

Citations

• 75 Wash. 184
• 134 P. 820
• 1913 Wash. LEXIS 1696

Syllabus

<p>Executors and Administrators — Claims Against Estate — Support op Child — Contracts—Survival. The obligation of a divorced husband, under an agreement entered into pending an. action for divorce, to pay monthly installments for the support of a minor child, survives upon his death, and may be enforced as a claim against his estate, where the intention of the parties that it should survive appears by provisions of the contract that the “payments were to continue during the minority of said child but to cease upon her earlier death,” and that the contract should be as binding as if set out in the decree of divorce.</p> <p>Divorce — Support op Child — Alimony—Continuing Payments— Survival — Death op Parent. The court has power, in a divorce case, to make a provision for alimony and the support, of a minor child that will survive, and may be enforced out of the estate of the party charged, in view of Rem. & Bal. Code, § 989, providing that, in granting a divorce, the court may make such disposition of the property as may be just arid equitable, and shall make provision for the support of the minor children of the marriage.</p> <p>Divorce — Disposition op Property — Agreement op Parties — Validity. A contract between tbe parties to an action for a divorce making a division of tbeir property and providing for monthly payments for the support of a minor child, does not contravene any principle of public policy.</p>