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Adams v. Adams

Citations

  • 32 Pa. Super. 353
  • 1907 Pa. Super. LEXIS 11

Syllabus

<p>Husband and wife — Agreement of separation — Support—Equity-— Specific performance.</p> <p>A valid agreement may be made for an actual and immediate separation between husband and wife, if made upon reasonable terms, and actually carried into effect by both parties in good faith; and equity has jurisdiction specifically to enforce the terms of such an agreement.</p> <p>Where a husband and wife, having four children, enter into a written agreement to separate, and the husband in the agreement covenants to pay a certain amount per month for the support and maintenance of the wife and children, the husband cannot, years afterwards, refuse to pay the amount stipulated to the wife 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.</p>

Judges: Beaver, Head, Henderson, Morrison, Oblady, Orlady, Porter, Rice

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