Donner v. Donner

Samuel Donner, decedent, executed a separation agreement in New York with his first wife, Beatrice Donner (defendant), under which he would bequeath one-third of his estate to Beatrice and one-third to their son, Edward Donner (defendant). The separation agreement was signed but not witnessed. The separation agreement was subsequently incorporated, but not merged, into Samuel and Beatrice’s Alabama divorce judgment. The Alabama judgment was then domesticated in Florida as part of support-enforcement proceedings against Samuel. Samuel did not challenge the validity of the separation agreement in either the Alabama or Florida proceedings and did not raise any appeals. When Beatrice later filed a post-divorce proceeding in New York, Samuel challenged the validity of the separation agreement for the first time. The New York court rejected Samuel’s challenge, holding that the Alabama and Florida judgments enforcing the terms of the separation agreement were entitled to full faith and credit. When Samuel died, his will left bequests to his second wife, Ruth Donner (plaintiff), and to his third wife, Larna Donner (plaintiff), but did not contain the required bequests to Beatrice and Edward. Beatrice sued Samuel’s estate for specific performance of the separation agreement’s terms. Ruth and Larna challenged, arguing that (1) the separation agreement was unenforceable because it was not validly executed under Florida law, and (2) full faith and credit and res judicata were not applicable because the validity of the will-making provision of the separation agreement was not ripe for judicial consideration until after Samuel’s death. The trial court granted summary judgment to Beatrice, ruling that the separation agreement was enforceable in Florida pursuant to the Alabama divorce decree. Ruth and Larna appealed.