FIRST NATIONAL BANK &C. v. DeLoach

After careful consideration of the petition as twice amended and the law applicable thereto, we are of the opinion that the trial judge correctly overruled the demurrers, and that the petition set out a cause of action based on the contract between the plaintiff and his deceased wife. The agreement sued on was not void because contrary to public policy, as strenuously insisted by able counsel for the defendant executor, nor because to enforce this contract would be to cheapen, degrade, and render less sacred the matrimonial state—over which has always hovered a mantle of purity and holiness—…