Melton v. Hubbard
Supreme Court of Georgia
Complaint. Before Judge Felton. Bibb superior court. April 29, 1909. 'On March 2, 1907, Gustavus T). Melton and his wife, Otis Irene Melton, entered into the following contract: “State of Georgia, County of Bibb.
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Complaint. Before Judge Felton. Bibb superior court. April 29, 1909. 'On March 2, 1907, Gustavus T). Melton and his wife, Otis Irene Melton, entered into the following contract: “State of Georgia, County of Bibb. This agreement, made and entered into this the -second day of March, 1907, between Gustavus T>. Melton, of the first part, and his wife Otis Irene Melton, of the second.part, witnesseth: That the said Gustavus I) Melton, husband, and the said Otis Irene Melton, wife, have agreed to a voluntary separation as maD and wife, and héreby agree for the future to live separate and apart; and…
1Opinion of the CourtEvans, P. J.
1. A valid agreement may be made between husband and wife, contemplating' an immediate separation, for a separate allowance to the wife for her support. Chapman v. Gray, 8 Ga. 341; Sumner v. Sumner, 121 Ga. 1 (48 S. E. 727).
2. In such an agreement where the husband promises to pay a lump sum foi' the wife’s support, payable in installments, and the wife dies before all the installments are paid, her executor may sue for the unpaid installments as thej' severally mature.
3. The plaintiff can not include in a suit to recover past-due installments any installment which matured after the filing of…
2Cases cited2 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Chapman v. GraySupreme Court of Georgia · 1850
3Cited by22 opinions
- Potts-Thompson Liquor Co. v. PottsSupreme Court of Georgia · 1910
- Brown v. FarkasSupreme Court of Georgia · 1943
- Ramsay v. SimsSupreme Court of Georgia · 1952
- Berry v. BerrySupreme Court of Georgia · 1951
- Allen v. WithrowSupreme Court of Georgia · 1959
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