The appeal is from this judgment. 1. At the time the agreement was entered into by the parties it was the law of this State that the remarriage of the wife did not terminate periodic payments of permanent alimony unless the contract or judgment so provided. Brown v. Farkas, 195 Ga. 653 ( 25 S.E.2d 411); Allen v. Withrow, 215 Ga. 388 ( 110 S.E.2d 663); Hinton v. Belew, 220 Ga. 189 (1) ( 137 S.E.2d 650); Davis v. Welch, 220 Ga. 515 ( 140 S.E.2d 199); Holland v. Holland, 221 Ga. 418 ( 144 S.E.2d 753). The amended agreement shows the clear intention of the parties that the alimony payment of $10 per month would cease upon the remarriage of Mrs. Shepherd. The property settlement payment of $190 per month continued for a period of 104 months. It is the contention of the appellant that under the amendment to Code ยง 30-209, approved March 4, 1966, (Ga. L. 1966, p. 160), the payments of $190 per month terminated upon the date of the approval of the amendment, because of the remarriage of the appellee.
In the unanimous decision in Allen v. Withrow, 215 Ga. 388 ( 110 S.E.2d 663), at page 390, it was stated that the above quoted ruling from White v. Murden, supra, "is in conflict with both our statutory law and the decisions of this court." In Hinton v. Belew, 220 Ga. 189 (1) ( 137 S.E.2d 650), it was held: "The court did not err in its ruling that the re-marriage of the plaintiff did not terminate the payments of permanent alimony by the defendant." See also Davis v. Welch, 220 Ga. 515 ( 140 S.E.2d 199).