Montella v. Montella

Sweney, J.,

Plaintiff brings this action in equity to enforce a marriage settlement agreement, and the case comes now before the court on defendant’s preliminary objections in the nature of a demurrer, specifying that plaintiff has an adequate remedy at law and that plaintiff fails to set forth a cause of action which entitles her to relief in equity.

The specific provision in the settlement agreement, which plaintiff contends that defendant is not fulfilling, is as follows:

“3. Real Property. HELEN and NEIL presently hold title as husband and wife, as tenants by the entireties, of a home and…