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DUKE v. DUKE

No. 7905.

448 S.W.2d 200 (1969)

Eleanor Mae DUKE, Appellant, v. Kenneth E. DUKE, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Granted November 10, 1969.

Attorney(s) appearing for the Case

McCown, Sheehan & Dubuque and Bill Sheehan, Dumas, for appellant.

Lovell, Lyle & Cobb and L. Dean Cobb, Dumas, for appellee.

NORTHCUTT, Justice.

Kenneth E. Duke and Eleanor Mae Duke were man and wife. On May 7, 1965, Kenneth Duke brought a divorce action against Mrs. Duke. On that same date Mr. and Mrs. Duke made and entered into a property settlement agreement. The beginning portion of said agreement is as follows:

"WHEREAS, certain unhappy differences have arisen between Kenneth E. Duke and his wife, Eleanor Mae Duke, and trouble has developed in their marriage; and

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