Thompson v. Fitzgerald

Opinion by

Mr. Justice Stern,

In 1899 Lida Eleanor Niccols, a resident of Union-town, was married to Gerald Purcell FitzGerald. Of the union were bom three children, John, Edward and Gerald. In 1906 husband and wife instituted divorce proceedings against one another, and by agreement dated December 6, 1906, — executed by them, Josiah Y. Thompson and Charles E. Lenhart, and recorded in Fayette County — FitzGerald covenanted that after dissolution of the marriage he would pay to Thompson, Lenhart and himself, as trustees, (1) so much of his share of the annual profits accruing from Fayette Coke…