In re the Judicial Settlement of the Accounts of Smith

Silkman, S.

The principal question to be determined in this case is as to the validity of the agreement made between Mary Smith and Peter Smith on February 1, 1885.

The agreement recites: “Whereas, the parties are husband :and wife, and that they cannot get along’ together in that rela*338tion, therefore they mutually agree to separate and live apart ■forever, and release each other from all marital rights-.”

The agreement then provides: “ That’ the said party of the first part, for and in consideration of the; sum of six hundred dollars to her in hand paid By the said party of the second part, her…