Commonwealth v. Richards

Citations

• 131 Pa. 209
• 18 A. 1007
• 1890 Pa. LEXIS 1101

Syllabus

<p>[To be reported.]</p> <p>1. An agreement between husband and wife for an actual and immediate separation, if upon reasonable terms and actually carried into effect by both parties in good faith, will be as valid and binding upon the wife as upon the husband, though made without the intervention of a trustee.</p> <p>(a) Husband and wife by a formal deed agreed and bound themselves to live apart, and the husband engaged to and did give the wife certain money and property “ toward her better support and maintenance; ” in consideration whereof she released him and his estate from “ all claims, shares and interest therein.”</p> <p>2. In the absence of proof that there was fraud or unfairness in its procurement, that its terms were unreasonable, or that subsequent acts of the parties have avoided it, such deed is a bar to a proceeding commenced by the wife under the act of April 18,1867, P. L. 78, to compel her husband to support and maintain her.</p>