George A. Le Maistre v. Emma Jane Alsup

SIMPSON, Justice. This is an appeal from a decree in equity declaring that the following recitals in a former decree constituted
alimony in gross and survived the death of H. Powell Baker, against whom the decree was rendered, wherein he was divorced
from his former wife. The divorce decree recites: 'It is further ordered, adJudged and decreed that the Complainant pay to the Respondent the sum of Three Hundred Dollars
($300.00) per month, as alimony, said payment to begin immediately and be payable on the first day of each calendar month
hereafter, until the Respondent dies or remarries.' Mr. Baker, having died, his divorced wife, appellee Emma Jane Alsup Baker,
instituted the proceeding to determine the meaning of said alimony decree and claims that the above quoted provision awarded
her alimony in gross. Appellants contend to the contrary and assert that when H. Powell Baker died no further alimony was
due. Demurrer to the petition of Mrs. Baker was overruled and the trial court proceeded to a hearing on the evidence and entered
the decree from which this appeal is taken, holding that the provision in the paragraph above quoted was a provision for alimony
in gross awarded to respondent Mrs. Baker and survived the death of her former husband, H. Powell Baker, and was a charge
upon his estate.