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TRACY v. TRACY (05/24/54)

May 24, 1954

TRACY
v.
TRACY, APPELLANT



Appeal, No. 47, March T., 1954, from decree of Court of Common Pleas of Westmoreland County, in Equity, No. 2539, in case of Francis Tracy v. Anna Marie Tracy. Decree affirmed.

COUNSEL

Carroll Caruthers, with him Anthony C. Troiano, for appellant.

Vincent R. Smith, with him Edgar P. Herrington, Jr., for appellee.

Before Stern, C.j., Stearne, Jones, Musmanno and Arnold, JJ.

Author: Stern

[ 377 Pa. Page 421]

OPINION BY MR. CHIEF JUSTICE HORACE STERN

For no apparently valid reason defendant is seeking to repudiate a written agreement entered into between her and her husband.

In 1948 the parties purchased and thereafter operated, as tenants by the entireties, a restaurant and taproom with liquor license in the city of Greensburg, leasing the building in which the restaurant was located. Subsequently they acquired, also as tenants by the entireties, a residential property which they occupied together with their two minor children.

Each accusing the other of infidelity, numerous wranglings and altercations ensued between them. For some years they were both represented by James Gregg, Esq. and his associate, Albert Nichols, Esq.

On December 1, 1951, defendant consulted Mr. Gregg in the latter's office; there she was joined by plaintiff, and in lengthy morning and afternoon sessions they discussed their affairs with Mr. Gregg and Mr. Nichols. In contemplation of a settlement and later divorce defendant wanted an agreement with her husband which would provide for her support and that of their children and for a settlement of their respective property interests. After prolonged negotiations and acrimonious bickering a written agreement, prepared

[ 377 Pa. Page 422]

    by Mr. Gregg, was signed by the parties and witnessed by the two attorneys.

The terms of the agreement were that plaintiff would convey to defendant his right, title and interest in the dwelling house for her life, with remainder to the two children, defendant agreeing to keep and maintain a home for the children and have them educated through at least the common grades of school; that until they had finished such grades plaintiff would pay to defendant the sum of $225 per month for her and their support with such further allowances as might be determined upon should either of the children seek higher education; that plaintiff would maintain the residence in a livable condition, make all necessary repairs thereto, carry fire insurance and pay all city taxes thereon, and also pay all medical, druggist and hospital bills for defendant and the children. These obligations were all to continue whether or not defendant obtained a divorce. Defendant, on her part, transferred to plaintiff her interest in the taproom and agreed to make the necessary conveyances of the license and lease; if, however, plaintiff desired at any time to sell the license, the lease or the taproom, defendant was to receive at least thirty days' notice thereof and be given the option to purchase the same at the bona fide price that might be offered by a prospective purchaser, the plaintiff ...


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