Smith v. Phelps

John P. Phelps, Jr., Deceased, and his wife, Lena B. Phelps, were divorced on October 22, 1957, in the Circuit Court of Shelby County.

*371The divorce decree granted the wife an absolute divorce and alimony.

It appears from the record the parties entered into an oral agreement prior to the divorce which was adopted and incorporated into the decree granting the divorce. We qnote the pertinent parts of the decree:

“And it farther appearing to the conrt that the parties have entered into an agreement providing for the payment of Attorney fees, affecting their property rights, and the alimony rights of…