Opinion
November, 1903.
Henry F. James Coupe, for plaintiff
Josiah Perry, for defendant.
While the attorneys for the respective parties have stipulated: "That the plaintiff, Helena A. Edic, and her husband, Charles J. Edic, lived separate and apart ever since March 1, 1897;" and although the written contract was dated March 1, 1898, one year after the separation, as stipulated, it is apparent that the writing was but the carrying out of an arrangement made while they were living together, having for its object a virtual annulment of the marriage, by means of which he would forego his marital rights and relieve himself of all its responsibilities, save only to the extent of paying three dollars and fifty cents per week for the maintenance of the wife and the son, so long as she should live; and she would be free to go her own way.
The evidence is this: The agreement recites that "they have mutually agreed to li