187 A.D. 840 | N.Y. App. Div. | 1919
This is an appeal from an order of a surrogate directing the executors of the will of John W. Wylie to set apart to his surviving wife, Jessie C. Wylie, certain personal, property of the class exempted by law for the benefit of widows.
On the 23d of May, 1893, John W. Wylie and Jessie C. Wylie, being then husband and wife, entered into an agreement of separation. The husband paid to his wife the sum of $575, and in consideration of such payment the wife agreed to release him from all marital obligations. The agreement was written in duplicate, and each party received a copy. Accepting the copy delivered to the wife as correctly expressing the agreement, we find that the consideration for the payment by the husband was in part a promise of the wife expressed in these words, “ that she shall release and quit claim to him her said husband, all claim or interest she may have in any and all property, real or-personal, that he now owns or at any time has owned since she became his wife.” This promise is repeated in the agreement in words almost identical, which are as follows: “that she will release, and hereby does release and quit claim to him the said John Wylie, all claims she may have upon or interest she may have in any and all property, real and personal, that he the said John Wylie now owns or at any time has owned since she became his wife.” It is contended that the words “ now owns or at any time has
The order should be reversed.
All concurred.
Decree reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.