Brimble v. Sickler

specially concurring.

There is involved here a separation agreement, which is not assailed upon any ground of fraud, overreaching, or undue influence, and pursuant to which a separation existed at the time of the husband’s death. I concur in the opinion, but in doing so, I do not intend to sanction any departure from the rule laid down in Wilson v. Wilson, Deeble v. Alerton, and Remington v. Remington. I do not understand the opinion to overrule those cases, nor to refuse full application of their doctrine. That those cases do not hold that the widow’s allowance could not be contracted away,…