Opinion by
Thе parties hereto were married December 21, 1876, and from that date until Mаy 19,1893, they lived and cohabited together as man and wife. On the latter date by rеason of disputes and differences they entered into a written contract providing for their living separate and apart from each other. The clause in the articles of separation which is the subject of this controversy is as follows: “ And further that he, the said William H. Adams, shall and will well and truly pay, or cause to be paid unto her, his said wife, for and towards her and the childrеn’s better support and maintenance the monthly sum of $60.00, free and cleаr of all charges and deductions whatever ; the first monthly payment thereоf to be made on the 16th day of June, 1893, and at the end of every month thereаfter thence next ensuing as the same shall grow due and become payable.” The husband paid the sum stipulated as it became due until August 16, 1905, and then refusеd to make further payments.
A bill in equity was filed by the wife, in which she prayed for specific performance of the terms of the contract, and after hearing on bill and answer the court made a decree against
It is now firmly settled in this state that a valid agreement may be made for an actual and immediate separation between husband and wife, if made upon reasonable terms and actually cаrried into effect by both parties in good faith, and when so made such deеd is a bar to a proceeding commenced by the wife under the Act оf April 13, 1867, P. L. 78, to compel her husband to support and maintain her: Commonwealth v. Richards,
For twelve years the husband recognized the binding effect of his covenant. That he voluntarily added to his monthly obligation in payments for the children is evidence of his parental interest in and affection for them, but the tеrms of the contract were not affected by such payments. The only rеason now urged is that under the present conditions the terms are unconsсionable for the reason that “ the four children are now of mature years and installed in lucrative positions,” and that the sum named is not now needed for the support of - the wife. These elements were proper fоr their consideration when the contract was made and should have bеen anticipated. If, when the sum was agreed upon it was a reasonаble one for the proper care and maintenance of thе mother and four children, it does not follow that it is not so now, inasmuch as her аdded years may have materially lessened her capacity to do for herself as well as increased her personal necessities. However, we have nothing to do with this phase of the case as it is not intimated that the terms were not fair when mutually agreed upon and they have beеn complied with for twelve years without objection. No fraud, coerсion or concealment on the part
The decree is affirmed.