277 Mass. 332 | Mass. | 1931
This suit in equity is brought for the enforcement of an agreement of separation, made in September, 1929, by Harold C. Avery, the husband, and his wife, Mary G. Avery, and their respective trustees, Russell D. Greene and Arthur M. Beale. The case was referred to a master and a decree was entered for the plaintiff. The defendants appealed.
The master found that Mrs. Avery brought a petition for separate maintenance, alleging the adultery of her husband; that in order to prevent a hearing on this petition, the sepa
The promises made by the husband to the wife to bring about the reconciliation and cause her to live with him were not made in good faith. He did not intend to keep them. A fraud on the wife was committed. Ciarlo v. Ciarlo, 244 Mass. 453, 455, 456. The fact that a reconciliation was brought about and marital relations were restored did not annul the agreement of separation. The reconciliation resulted from fraudulent representations which the husband did not intend to live up to when he made them. He failed to do as he promised. The wife relied on the promises of the husband and he intended that she would believe them to be true. A fraud of this kind prevents the abrogation of the agreement. It is unnecessary to review the cases cited by the defendants. Assuming that ordinarily the resumption of marital relations renders the separation agreement of husband and wife of no effect, this is not so when fraud such as is here shown has brought about the reconciliation. The decree declaring the agreement of Sep
Decree affirmed with costs.