Storey v. Storey

Citations

• 125 Ill. 608
• 1 L.R.A. 320

Syllabus

<p>1. Divorce and alimony—by consent of parties. While a husband and wife may not enter into an agreement for divorce, yet the amount of alimony the husband is to pay to the wife, the terms of the payment, and the length of time payment is to be made, may be arranged between them by consent. When husband and wife agree upon alimony, the court will embody their agreement upon that subject in its decree, and it will thereafter conclude the parties.</p> <p>2. Same—decree for alimony—as a charge upon the husband's estate after his death. A decree for alimony to a wife in a suit for divorce brought by her, was entered, by consent of the parties, that the husband should thereafter pay the wife, so long as she should remain sole, the sum of $2000 per annum. On the same day the decree was entered, the husband executed to his wife a bond, in the sum of $50,000, conditioned for his performance of the decree, which was secured by a deed of trust upon real estate, which bond and trust deed were made binding upon the obligor, his heirs, executors, administrators and assigns, as also was his agreement to keep the property insured for her benefit: Held, that the agreement to pay the wife $2000 so long as she should remain unmarried, did not terminate with the life of the husband, but was binding upon his estate after his death.</p> <p>3. Contract—construction put upon it by the parties may be adopted. It is always allowable to look to the interpretation the contracting parties put upon their agreement, either contemporaneously or in its performance, for assistance in ascertaining its true meaning. No extrinsic evidence can be more valuable.</p> <p>4. Same — construction—several writings, when construed together. Where a decree for alimony is entered by consent of the parties, and the payment of the alimony is also secured by the bond of the husband and a deed of trust upon his real estate, all bearing the same date, the decree, bond and deed of trust will be construed together in