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Gillespie v. Gillespie

Supreme Court of Arizona

March 31, 1952

GILLESPIE
v.
GILLESPIE

Rehearing Denied May 13, 1952.

Judgment reversed.

Jennings, Strouss, Salmon & Trask; J. A. Riggins, Jr., and Charles L. Strouss, Jr., all of Phoenix, for appellant.

Alice M. Birdsall, of Phoenix, for appellee.

De Concini, Justice. Udall, C. J., and Stanford, Phelps and La Prade, JJ., concur.

OPINION

De Concini, Justice.

[74 Ariz. 2] This is an appeal from an order granting appellee's motion to dismiss appellant's petition for modification of a divorce decree.

Appellant husband, hereinafter referred to as plaintiff, filed a complaint for divorce against defendant wife, appellee herein, on January 25, 1947. On February 27, 1947 the parties entered into an agreement settling their property rights and alimony to the wife, subject to the approval of the court. The important provisions of the agreement are as follows:

Section 2.
"That each of said parties shall have the right to bequeath by will his or her respective interests in and to any and all property belonging to him or her from and after the date hereof, and that said right shall extend to all of the aforesaid future acquisitions of property as well as to all property set over to either of the parties hereto under this agreement."
Section 4.
"The Husband hereby quit-claims and sets over unto the Wife, as her sole and separate property the following: * * *" (Descriptions omitted).
Section 5.

Page 838

"The husband shall pay unto the Wife for her support and maintenance the sum of Two Hundred ($ 200.00) Dollars per month, commencing with the month of March, 1947, until such time as the Wife shall remarry, said payments to be mailed to the Wife in care of the Wife's mother, ...

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