Clarizio v. Castigliano

Hilton, Justice.

In a contested action, plaintiff was granted a divorce from John Clarizio on the ground of cruel and inhuman treatment. In the decree, dated June 15, 1935, the husband was ordered forthwith to pay the plaintiff $1,200, which “shall be in lieu of any claim for temporary or permanent alimony or support money for said plaintiff.” Upon entry of the decree, Clarizio paid the specified amount, and was given a receipt releasing him from all claims for temporary and permanent alimony and support money.

On August 21, 1936, John Clarizio died intestate, and October 20, 1936, Attilio…