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SIMPSON v. SIMPSON

No. 400.

108 So.2d 632 (1959)

Marjorie B. SIMPSON, Florida National Bank of Jacksonville, as Guardian of Clay Otto Simpson, a minor, and Clay Otto Simpson, Appellants, v. Clifford L. SIMPSON, as Executor of the Estate of M. Clay Simpson, deceased, substituted in the place of M. Clay Simpson, Appellee.

District Court of Appeal of Florida. Second District.

February 4, 1959.

Attorney(s) appearing for the Case

Carey & Harrison, St. Petersburg, for appellants.

Thomas V. Kiernan, St. Petersburg, for appellee.

KANNER, Chief Judge.

The question presented to the court through this appeal is whether the obligation for payment of a monthly allowance for support of a minor child through a separation agreement incorporated in a final decree of divorce survives the death of the promisor-father.

Marjorie B. Simpson and M. Clay Simpson were divorced in 1949, and the mother was awarded custody of their two minor children. Incorporated in the final decree was a separation...

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