Joseph B. Abrams v. Harold Burg

Where under a separation agreement all obligations to make payments or to transfer property to the wife were absolute, unaffected by the death of either party or the remarriage of the wife, and where the agreement was silent on the subject of support payments for the wife, while providing for support payments for minor children, a property settlement, rather than support and maintenance of the wife, was intended and the husband's discharge in bankruptcy released him from unsatisfied obligations to the wife under the separation agreement. [619-622] The plaintiff seeks to enforce certain obligations in a separation agreement, entered into on December 30, 1960, between the defendant, his then wife and trustees acting for the husband and the wife, respectively. Subject to the wife's obtaining a decree absolute of divorce by September 30, 1961, the husband agreed to make certain transfers and payments to or for the benefit of the wife and to carry out certain provisions relating to the support and education of two minor children. A decree absolute was obtained seasonably, and the obligations of the separation agreement became effective.