SILTON v. SILTON


352 Mass. 299 (1967)

225 N.E.2d 320

SHIRLEY D. SILTON vs. LEO J. SILTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 3, 1967.


Attorney(s) appearing for the Case

John F. Lombard for the defendant Silton.

Abner R. Sisson (Irving Marmer & Camille F. Sarrauf with him) for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


SPALDING, J.

This bill in equity seeks specific performance of a separation agreement entered into by the parties prior to a decree of divorce in Alabama. The evidence is reported and the judge made a report of the material facts.

The divorce decree provided that the separation agreement was not merged in the decree but was to survive it. Under one of the provisions of the agreement the husband was to pay the wife $100 a week for her support. The husband discontinued...

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