Duke v. Duke

NORTHCUTT, Justice.

Kenneth E. Duke and Eleanor Mae Duke were man and wife. On May 7, 1965, Kenneth Duke brought a divorce^áction against Mrs. Duke. On that same date Mr. and Mrs.°Duke made and entered into a property settlement agreement. The beginning portion of said agreement is as follows :

“WHEREAS, certain unhappy differences have arisen between Kenneth E. Duke and his wife, Eleanor Mae Duke, and trouble has developed in their marriage ; and

*201WHEREAS, the parties, Kenneth E. Duke and Eleanor Mae Duke, have been' living separately and apart for some time and plan to continue to live…