Lee v. Hempy

No reported case in Ohio, had facts which raised the precise question; but it was held in 3 Ohio Appellate Reports 111, that the husband is not relieved from liability when he and his wife were living separate and apart and there was a written contract wherein it was stipulated that he was released from all claims his wife might have against him for her support and maintenance. The court also said that recovery could be had from either the surviving husband, or from the deceased wife’s estate.

The case in 21 Ohio Decisions, 726, decided that where husband and wife were living separate and…