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COMMONWEALTH EX REL. JABLONSKI v. JABLONSKI. (11/16/55)

November 16, 1955

COMMONWEALTH EX REL. JABLONSKI, APPELLANT,
v.
JABLONSKI.



Appeal, No. 312, Oct. T., 1955, from order of Municipal Court of Philadelphia County, No. 188,826, in case of Commonwealth of Pennsylvania ex rel. Sophie Jablonski v. Jacob Jablonski. Order affirmed.

COUNSEL

Harry R. Back, for appellant.

William F. Starsinic, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, and Ervin, JJ. (woodside, J., absent).

Author: Rhodes

[ 179 Pa. Super. Page 498]

OPINION BY RHODES, P.J.

The question presented on this appeal is whether there is a valid and binding separation agreement between husband and wife.

The parties were married on July 28, 1945. They have no children by this marriage. They separated on June 3, 1946, and they have lived apart since that

[ 179 Pa. Super. Page 499]

    time. The agreement was dated September 9, 1946. It set forth a prospective sale of the wife's property, which was subsequently consummated on November 1, 1946, for $5,000. The agreement provided that the deed should be executed by the husband, and that he should receive the sum of $450 from the proceeds of the sale. By the agreement the wife, inter alia, waived all future support from her husband. It recited their unhappy differences as the cause of their living separate and apart.

The consideration acknowledged by the wife was that, upon consummation of the sale of her real estate, she was to receive and retain the proceeds thereof, less $450 to be paid to the husband, for her own use, "free and clear of any claims and covenances whatsoever"; the release by the husband of all right, claim, title, and demand to his wife's estate at her death, including his right to elect to take against her will; the general release of all claims of every nature the husband has had or ever may have against the wife, except as provided in and by the agreement.

The court below, after hearing on the wife's petition for support filed July 15, 1954, dismissed the petition on June 6, 1955. The wife appealed to this Court, and claims that the consideration for her surrender of support was unreasonable and inadequate.

The husband testified that he spent $2,000 on his wife's property; that he left her on June 3, 1946, because of threats of bodily harm; and that his wife did not want him around, which she accomplished by the agreement of September 9, 1946. It was conceded that they have not cohabited since ...


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