State v. . Gossett

If a separation agreement is duly executed by a husband and wife, and thereafter the husband visits the wife from time to time, and upon each visit resumes the conjugal relationship, does such conduct invalidate the agreement?

Separation agreements, while not favored by our law, have been generally upheld when properly executed. The general principle governing the validity of such agreements, is thus expressed in Taylor v. Taylor, 197 N. C., 197, 148 S. E., 174: “It seems to be unquestioned that a separation agreement must be untainted by fraud, must be in all respects fair, reasonable and…