Swift v. Leonard

L. F. COTTEY, Special Judge.

Respondent obtained a divorce from appellant in 1965 with custody of their three children (aged three, two and one at the time) and an allowance of $100 per month for their maintenance; but with no award of alimony. The decree makes no mention of any property settlement contract between the parties. There was such a contract, however, made and filed on the day of the divorce, and its construction and effect are at issue in the litigation now before us.

The contract recited that its provisions should “operate as a settlement in lieu of and in full payment of any…