112 Neb. 707 | Neb. | 1924
In 1920 plaintiff began an action "against her husband, the defendant, upon three causes of action ; one for separate maintenance on the ground of extreme cruelty, the others to construe the provisions of an antenuptial contract and for
In 1922 plaintiff filed a petition asking for an absolute divorce from defendant on the ground of extreme cruelty. Plaintiff also tendered to defendant a quitclaim deed to the real estate described in the antenuptial contract, alleging that her interest therein was valueless. The charges of cruelty were denied, the decree in Tiernan v. Tiernan, supra, was pleaded in bar of the claim for alimony, and the validity of the antenuptial contract was said to be res judicata. The district court found that plaintiff was entitled to an absolute divorce; that no increase in the amount of award for separate support was required or necessary; that the contract barred her from any interest in the property except as provided therein, and that she is not entitled to any alimony.
It was decided in Tiernan v. Tiernan, supra, that the antenuptial contract, in so far as it attempts to deprive plaintiff of the right to maintenance, support and alimony from the defendant in case of his misconduct, is against public policy, illegal and void. ' This being the case, the
The court has come to the conclusion to set aside the allowance of $125 a month and to award as alimony the sum of $40,000, to be paid in annual instalments of $8,000 for five years, the first instalment to be paid upon the final determination of this case, and the deferred payments to draw interest at the rate of 6 per cent, per annum, defendant to have the right to pay the whole sum at any time. Plaintiff to have no right, title or interest whatsoever, other than the lien of this decree, in any of the property of the defendant. The decree of divorce is affirmed,
Affirmed as modified.
Note — See Divorce, 19 C. J. sec. 578 (1926 Ann.) ; Husband and Wife, 30 C. J. secs. 915, 914 (1926 Ann.).