Moser v. Klein

SPARKS, Circuit Judge.

Appellant appeals from a judgment of the District Court disallowing and expunging from the records a claim in a bankruptcy proceeding on the ground that the agreement on which it was based was contrary to public policy of the State of Illinois, hence void and unenforcible.

The contract in issue was a separation agreement entered into in 1929 between the bankrupt and his wife, who were then living apart. After reciting that the parties thereto were “desirous of adjusting any and all rights of support, dower or inheritance, by reason of said marriage, and the * * * (wife)…