the Third Party, not imperil the security for the payment of said monthly payments to said Second Party, as herein provided.

(f) In the event that the said Second Party marries, then the said Third Party shall continue to hold said sublot No. 30A to secure the terms of this agreement, providing that, at the time of said remarriage, it holds the title to said premises; but, in such event, the said First Party shall have the right to substitute for the said residence property, or any other real estate to which the said Third Party shall have title for the purposes of this agreement, stocks, bonds, or such other property, in such amounts, or of such value, as the officers of the said Third Party may then deem to be sufficient to secure the prompt and punctual payment of the monthly installments thereafter to become due and payable to the said Second Party.

(g) That if, at the date of said remarriage, the said monthly installments shall have been safely and amply secured by stocks, bonds or other personal property then in the possession of said Third Party, the said Third Party shall pay over and transfer to said First Party one-half of the principal of said trust fund as of the date of said remarriage, or such amount of the principal of said trust fund as, in the judgment of the officers of the Third Party, shall not be required thereafter properly to secure the prompt and punctual payment to said Second Party of the sum of twelve hundred ($1,200) dollars per annum, in monthly installments of one hundred ($100) dollars upon the first day of each and every month.

(h) That, upon the death of said Second Party, all property, of every kind and character, real, personal or mixed, then in the possession of the Third Party, shall, by said Third Party, be conveyed and transferred to the said First Party, his heirs, executors, administrators and assigns, and the aforesaid trust shall thereupon terminate.

(i) That the said First Party agrees that he will pay all the charges for the services rendered by the Third Party under the terms of this agreement.

(j) That the Third Party is hereby authorized and empowered to execute deeds in fee simple, and legal transfers, for the conveyance of any, and all, property of which it may become possessed, under the terms of this agreement, and to do any, and all, other things incident and necessary to the proper management and

control of any, and all, such property and the execution of the trust herein provided.

4. That said First Party hereby agrees that the covenants and agreements herein provided to be performed by him shall be covenants and agreements for himself, his heirs, administrators and assigns, and obligations upon him, and them, and each of them, his said estate.

and upon

5. That the Third Party hereby accepts and agrees to perform the trust hereinbefore provided.

IN WITNESS WHEREOF, the First and Second Parties have hereunto set their hands and seals, and the Third Party has caused this instrument to be signed by its President, thereunto duly authorized, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written.

Agreement of separation made without intervention of trustee, whereunder provision is made for the support of wife, and husband agrees to bequeath wife a stated sum, if she survives him.5

THIS AGREEMENT, made January 5, 1923, by John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York 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"), WITNESSETH:

WHEREAS, the First Party and the Second Party were lawfully married on or about November 10, 1903, and are now husband and wife; and

'Adapted from Winburn v. Winburn (1922), 200 App. Div. 26, 192 N. Y. Supp. 280.

WHEREAS, divers disputes and unhappy differences have arisen between the said parties, as a result of which they are now living separate and apart; and

WHEREAS, the said parties desire to enter into articles of separation for the purpose of confirming their separation and of making arrangements in connection therewith:

Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED, AS FOLLOWS: 1. That it shall be lawful for each of said parties, at all times, to live, and continue to live, separate and apart from the other, and to reside, from time to time, at such place, or places, and with such person, or persons, as either such party may see fit, and to conduct, carry on and engage in any employment, business or trade, which either may deem fit, free from any control, restraint, or interference, directly or indirectly, by the other, in all respects as if such parties were sole and unmarried.

2. That neither party shall molest the other, nor compel, nor attempt to compel, the other to cohabit with him, or her, by any legal, or other, action or proceedings, for the restitution of conjugal rights, or otherwise.

3. That each party hereby waives and releases to the other any and all claims, which he or she may, or might, have, or claim to have, against the other, by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of this agreement.

4. That the Second Party hereby waives, releases and bars herself of all right of dower in and to any and all real property, which the First Party now owns, or which the First Party may hereafter own, or acquire; and the Second Party will, upon request, execute good and sufficient release, or releases, of dower to the said First Party, his heirs and assigns, or to any other person whom the First Party, his heirs or assigns may designate, or will join, upon request, with the First Party, in executing any deed, or deeds, of any real property now owned, or which may hereafter be owned, or acquired, by the First Party.

5. That the First Party, while the said parties hereto shall both remain alive, and so long as the Second Party shall fully keep and perform the covenants and conditions to be kept and performed by her under this agreement, shall pay to the Second Party the sum of nine thousand ($9,000) dollars per annum, in equal monthly

installments on the first day of each and every month, beginning with February, 1923.

6. (a) That the Second Party shall deliver to the First Party, upon demand, the personal property now in her possession, which is set forth in "Schedule A," hereto annexed, and hereby made a part hereof; and the Second Party hereby surrenders and waives any and all claim, or claims, of any kind, or nature, to said property.

(b) That all other personal property now in the possession of the Second Party shall be retained by the Second Party, free of any claim, or claims, of any kind, or nature, whatsoever, on the part of the First Party.

7. That the First Party covenants and agrees that he will permit any will of the Second Party to be probated, and will allow letters of administration upon her estate and personal effects to be taken and received by any person, who would have been entitled thereto, had the First Party died, during the lifetime of the Second Party. 8. That the Second Party covenants and agrees that, so long as the First Party, and his legal representatives, shall keep and perform the covenants and agreements to be kept and performed by the First Party and his legal representatives hereunder, that she will not, at any time, contract any debt, charge, or liability, whatsoever, for which the First Party, his legal representatives, or his property, or estate, shall, or may become, or be, liable; and the Second Party covenants and agrees, at all times, to keep the said First Party free, harmless and indemnified from any and all debts, charges and liabilities hereafter contracted, or incurred, by the Second Party.

9. That the First Party agrees, by his last will and testament, or otherwise, to give to the Second Party the sum of one hundred thousand ($100,000) dollars, in the event that she shall survive him, and such amount shall be a first lien upon the estate of which the First Party may die seized or possessed; and the First Party hereby directs his executors, administrators and assigns to pay such sum to the Second Party, if she shall survive him.

10. (a) That, if, at any future time, the First Party shall obtain a valid decree of divorce in the State of New York against the Second Party, then, and in such event, this agreement, and all the terms and conditions hereof, shall immediately cease and

terminate, and none of the parties hereto shall thereafter be liable hereunder.

(b) That, if at any future time, the Second Party shall remarry, then, and in such event, all the provisions for the maintenance of the Second Party herein contained shall immediately cease and terminate.

11. That the Second Party shall, on or before May 30, 1923, vacate and surrender the apartment now occupied by her, at No. 372 Broadway, Borough of Manhattan, New York City.

12. That the First and Second Parties shall, at any time, or times, make, execute and deliver any and all such further and other instruments as the other of said parties shall reasonably require, for the purpose of giving full force and effect to this agreement and to the covenants, conditions and provisions thereof.

13. That all the covenants, stipulations, promises, agreements and provisions in this instrument contained shall apply to, bind, and be obligatory upon, the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto, or either of them, whether so expressed or not.

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.).

[Annex Schedule of Property.]

No. 189.

Agreement of separation, made after commencement of action for separation, whereunder provision is made for support of wife, and action is discontinued."

THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York 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"), WITNESSETH:

WHEREAS, the said parties intermarried on or about April 27, 1900; and

• Adapted from Titus v. Bassi (1918), 182 App. Div. 387, 169 N. Y. Supp. 49.