SMITH v. SMITH


358 Mass. 551 (1970)

265 N.E.2d 858

DOROTHY D. SMITH vs. STEWART R. SMITH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 15, 1971.


Attorney(s) appearing for the Case

Efrem A. Gordon, for the libellee, submitted a brief.

Norman C. Hansen for the libellant.

Present: TAURO, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.


SPALDING, J.

The parties to this proceeding were divorced by a decree nisi (which has subsequently become absolute) on February 6, 1968. At the time the decree was entered the parties filed a separation agreement which they had entered into through trustees, dated September 26, 1967, covering, among other things, matters relating to property and support. This agreement was "incorporated" in the divorce decree and "made part ... [thereof] by reference." Under the agreement...

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