173 Ga. 88 | Ga. | 1931
(After stating the foregoing facts.) The determination of the controlling question in this case turns on the construction and effect of the alleged contract; that is, the contract wherein Mrs. Gore accepted the deed from her husband “in full and complete settlement of any and all claims for alimony, attorney’s fees, and support of herself, which have accrued or which may hereafter accrue,” and wherein she expressly released F. A. Gore, her husband, from “any and all obligations to make further provision for her support, it being agreed that the word alimony as used herein shall include both temporary and permanent alimony.” The court did not err in dismissing the caveat as amended. The contract entered into by Mrs. Gore with her husband gave her the property referred to, in settlement of the claim that the caveatrix might have for alimony and support, and barred her right to inherit the estate of her deceased husband or to participate in the distribution thereof. The settlement between the husband and wife was made at a time when she and her husband were living in a bona fide state of separation. She received and retained the property conveyed to her and enjoyed the income thereof. A contract like that involved in this case is not contrary to public policy, and its validity does not depend upon the approval of any court. In Chapman v. Gray, 8 Ga. 341, it was said: “A valid agreement may be made between husband and wife, through the intervention of a trustee, for an immediate separation and for a separate allowance to the wife, for her support.” And, “The agreement for a separation can not be supported, unless the separation takes place immediately upon the execution of such agreement. Of course it will be good where the separation has already taken place.”
In Sumner v. Sumner, 121 Ga. 1 (48 S. E. 727), it appeared that the husband and wife separated in December, 1900. Negotiations were begun between them, looking to a settlement of the wife’s claim for alimony. On December 8, 1900, both parties signed an agreement to live thenceforth separate and apart from each other, and the husband executed a paper in which he agreed to make his wife a deed of conveyance to described land and give her certain personal property. On December 14, the husband executed a deed, in consideration of natural love and affection, conveying to his wife a life interest in the land. He afterwards
We are of the opinion that by the settlement in question Mrs. Gore was barred of her right to permanent alimony, and that she stayed in the same position that she would have been in had she been awarded the property conveyed to her in a suit for alimony. And
Judgment affirmed.