interest in and to any and all of his personal estate that she, as his widow, might have but for such provision and the execution and delivery of this agreement and the full performance thereof by the First Party, his heirs, executors, administrators or assigns: Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: 1. That the Second Party shall have, keep and retain the sole ownership, control and enjoyment of, and, during her life, or, by last will and testament, or by other testamentary disposition, shall have the exclusive right to dispose of, any and all property, real, personal or mixed, which she now owns, or is possessed of, or hereafter may acquire or receive, as her own absolute property, without interference by, or from, the First Party, and in like manner as if the said marriage had not taken place and the Second Party had remained unmarried; and that if, and in the event, the First Party shall survive the Second Party, the First Party will not make, nor will his heirs, executors, administrators or assigns make, any claim of curtesy, or any claim to a distributive share, or any claim of any other nature whatsoever, in, or to, any part of the Second Party's separate estate, real, personal or mixed, to which the First Party, as the Second Party's surviving husband, might be, or become, entitled, but for the execution and delivery of this agreement, and so that all of the property of the Second Party not effectually disposed of by her, during her life, or by testamentary disposition, shall devolve in the same manner as if the First Party had predeceased her. 2. (a) That the First Party, by last will and testament, or other instrument to take effect and become operative upon his death, will give and bequeath, or will assign, transfer and set over, or cause to be assigned, transferred and set over, to the Second Party, provided she shall have survived him, the sum of one hundred thousand ($100,000) dollars, or securities of the then market value of one hundred thousand ($100,000) dollars, clear of all death duties and all other charges and deductions whatsoever, to be paid over to the Second Party as soon after the death of the First Party as may be practicable and convenient in the administration of his estate, and, in any case, not later than the expiration of eighteen (18) calendar months after the death of the First Party, with interest from his death to the date of payment, at the rate of five (5%) per cent per annum, or, in his discretion, at any time during his life, will pay, assign, transfer and set over, or cause to be paid, assigned, transferred and set over to the Second Party, the sum of one hundred thousand ($100,000) dollars, or securities of the then market value of one hundred thousand ($100,000) dollars, clear of all duties, charges and deductions aforesaid. (b) That, as a separate covenant, the First Party agrees with the Second Party, provided she shall survive him, that his executors or administrators shall, within eighteen (18) calendar months after his death, pay to the First Party the sum of one hundred thousand ($100,000) dollars, clear of all duties, charges and deductions as aforesaid, with interest at the rate aforesaid from the date of his death; it being expressly understood, however, (1) that all sums of money, interest and securities that shall be paid, assigned, transferred or set over to the Second Party, either in the lifetime of the First Party, or under any testamentary, or other, disposition of his, in pursuance of the preceding clause "(a)" of this article, shall be accepted by the Second Party in, or towards, the satisfaction of the said sum and interest otherwise to be paid under this clause "(b)" of this article, any such securities being taken at their market value aforesaid; and (2), likewise, that all sums of money that shall be paid over to the Second Party by the executors or administrators of the First Party, in pursuance of the provisions of this clause "(b)" of this article, shall be accepted by the Second Party in, or towards, the satisfaction of the said sum, or securities and interest otherwise to be given, bequeathed, assigned, transferred or set over in pursuance of the provisions of clause "(a)" of this article, the purpose of the parties being to provide hereby for the payment, assignment or transfer by said First Party, his heirs, executors, administrators or assigns, to the Second Party, of the sum of one hundred thousand ($100,000) dollars, or securities of the market value of one hundred thousand ($100,000) dollars and interest, as aforesaid, and no more. (c) That the said sum of one hundred thousand ($100,000) dollars, or, in the alternative, said securities of the market value of one hundred thousand ($100,000) dollars and interest, as aforesaid, shall be so given, bequeathed, assigned, transferred, set over or paid to the First Party, as a pecuniary provision for her, in lieu and in bar of any and all right, or claim, of dower, in and to any and all of the lands, tenements, and hereditaments of the First Party, wheresoever the same may be located, or to which the Second Party might be, or become, entitled, but for the execution of this agreement, and the performance of the covenants herein by the First Party, his executors, administrators or assigns, and, also, in lieu and wholly in discharge, satisfaction and payment of any and all other right, claim, title or interest of any nature or character in and to any and all of the First Party's lands, tenements, hereditaments, wheresoever the same may be located, and, also, of any and all right, claim, title or interest of any nature or character in and to any and all of his personal estate, wheresoever the same may be situated, to which the Second Party, as his widow, might be, or become, entitled, but for the execution and delivery of this agreement, and the performance of the covenants herein by the First Party, his heirs, executors, administrators or assigns. 3. That the Second Party, having been fully advised in the premises, hereby assents to the provisions hereinbefore made for her benefit, in lieu and in bar of any and all right, or claim, of dower in and to any and all of the lands, tenements or hereditaments, wheresoever the same may be located, of the First Party, to which the Second Party, as his widow, might be, or become, entitled but for the execution of this instrument; and, also, in lieu and wholly in discharge, satisfaction and payment of any and all other right, claim, title or interest of any nature or character in and to any and all of his lands, tenements, hereditaments wheresoever the same may be located, and, also, of any, or all, right, claim, title or interest of any nature or character in and to any and all of his personal estate, wheresoever the same may be situated, to which the Second Party, as the widow of the First Party, might be, or become, entitled, but for the execution and delivery of this agreement, and the performance of the covenants therein by the First Party, his heirs, executors, administrators or assigns; and, in consideration of the covenants of the said First Party herein contained, the Second Party does, for herself, her heirs, executors, administrators and assigns, covenant and agree that, immediately upon the receipt of the said sum of one hundred thousand ($100,000) dollars and interest as aforesaid, she will execute and deliver any and every instrument, or document, that, in the judgment of counsel for the First Party, or for his heirs, executors, administrators or assigns, may be necessary, or any and every such instrument, or document, that any such counsel may, or shall, request her to execute and deliver, to accomplish and effect a release and waiver of all her rights, or claims, or interest as aforesaid, and to make records of, or otherwise evidence, the fulfillment of any such right, or claim, or interest, upon her part. 4. Nothing herein contained shall, in any manner, bar, or affect the right of, the Second Party to claim and receive any property of any nature, or character, that the First Party, by last will and testament, or other testamentary disposition, or by instrument executed, or any act done, during his life, may give, devise or bequeath, or transfer, assign or set over, or become obligated to transfer, assign and set over, to the Second Party, in addition to the provision herein made for the purpose hereinabove expressed; and nothing herein contained shall, in any manner, bar, or affect, the right of the First Party to claim and receive any property, of any nature and character, that the Second Party, by last will and testament, or other testamentary disposition, or by instrument executed, or any act done, during her life, may give, devise or bequeath, or transfer, assign or set over, or become obligated to transfer, assign and set over to the First Party, in addition to the provision herein made for the purpose hereinbefore expressed. 5. This agreement shall be, and become, effective, only in the event that the contemplated marriage between the parties hereto shall be solemnized, and, if such contemplated marriage shall not be solemnized, then, and in such event, this agreement shall be, and become, wholly null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Jones. John Doe (L.S.). Jane Doe (L.S.). SECTION 2.—AGREEMENTS AFTER MARRIAGE. No. 186. Agreement of separation made with trustee, whereunder provisions are made for support of wife and child, and custody of child is given to wife, and husband is permitted to visit and receive visits of child at stated intervals.3 THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York Adapted from Ducas v. Ducas (1912), 150 App. Div. 397, 135 N. Y. Supp. 35. City (herein called the "First Party"), and Jane Doe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), and Richard Roe, as Trustee, residing at No. 572 Broadway, Borough of Manhattan, New York City (herein called the "Third Party"), WITNESSETH: WHEREAS, the First and Second Parties were duly married on or about January 5, 1916, in the City of New York, and the issue of such marriage is a son, Charles Doe, now five years of age; and WHEREAS, unfortunate differences have arisen between the First and Second Parties, as a result of which the First and Second Parties have separated, and are now living separate and apart; and WHEREAS, the First and Second Parties are desirous of entering into an agreement, under which they may continue to live separate and apart, and under which fair and reasonable provision shall be made for the Second Party and for the aforesaid child, and an arrangement shall be made for the custody of the said child; and WHEREAS, the Third Party has consented to act as Trustee, and, in that capacity, to join in this agreement: Now, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO, AS FOLLOWS: 1. That from the date hereof, the First and Second Parties may, and shall, continue to live separate and apart from each other, and neither of said parties shall, at any time, sue, nor suffer the other to be sued, in any action for separation, for living separate and apart, nor shall either party compel the other to live with him, or her, nor shall either party molest, or trouble the other. 2. That the custody of said child, Charles Doe, during his minority, is hereby given to the Second Party, except as herein otherwise provided, and the Second Party shall maintain, educate and support the said child, Charles Doe, out of the allowance hereinafter provided therefor, and shall, at all times, during the term of this agreement, reside with the said child in the Borough of Manhattan, City of New York, provided, however, as follows: That during the months of June, July, August and September, in the year 1923, and during such months in alternate years thereafter, the Second Party may travel abroad with the said child; and that, during the said months in the year 1924, and during such months in alternate years thereafter, and in any other year, or years, that the Second Party shall not travel abroad with the said. child, the Second Party shall spend such months with the said |