Sears Ettlinger v. Ettlinger

In February, 1928, the plaintiff commenced an action against the defendant for separate maintenance. Defendant’s assets at the time were valued at approximately $265,000. On March 20, 1929, during the pendency of the action, the parties entered into a written agreement looking to the adjustment and settlement of their property rights. No question of fraud in the procurement or execution of this agreement is raised. Its provisions will be referred to hereinafter. Subsequently, and, as plaintiff contends, in consideration of the execution of this agreement, she agreed to, and did, change the…