Schmelzel v. Schmelzel

The question presented for determination upon this appeal concerns the validity of a separation agreement between the parties to a marriage. There is no issue of fraud or public interest involved.

The parties were married in 1921 and have no children. In 1937 they entered into a separation agreement, which provided for a separation and also provided that the husband would pay $250 a month for the support of the wife as well as a small cash payment and a transfer of certain real property to her. The agreement also contained a clause that the terms thereof should be incorporated in any judgment…