Allcorn v. Allcorn, 28082
Decision Date | 03 July 1951 |
Docket Number | No. 28082,28082 |
Citation | 241 S.W.2d 806 |
Parties | ALLCORN v. ALLCORN. |
Court | Missouri Court of Appeals |
Robert L. Brown, Richard M. Stout, St. Louis, for appellant.
William W. Sleater, Jr., St. Louis, for respondent.
HOUSER, Commissioner.
This is an appeal from the action of the circuit court overruling a motion to modify a divorce decree insofar as the same pertained to an allowance of alimony.
Homer Allcorn filed a petition for divorce against his wife Hilda, who subsequently filed a cross bill for divorce.
On June 29, 1946 the parties entered into a stipulation as follows:
'This Agreement, made and entered into this 29th day of June, 1949, by and between Hilda R. Allcorn, hereinafter called the Party of the First Part, and Homer Allcorn, hereinafter called the Party of the Second Part, Witnesseth:
'Whereas, the said parties are husband and wife and there was born to their marriage one child, to wit, Delores Allcorn, now sixteen (16) years of age, and
'Whereas, difficulties have arisen between said First and Second Parties who no longer are living together, and the said Party of the First Part has informed the Party of the Second Part that she is filing a cross-bill seeking a divorce against said Second Party in the suit for divorce heretofore brought by the Second Party against the First Party in the Circuit Court of the City of St. Louis, Missouri, in Division No. 16 thereof, and that she will seek alimony and support for herself and the said minor child of the parties, as well as the custody of said child 'Now, Therefore, the premises considered, the said parties agree that should such a cross-bill for divorce be filed by the party of the First Part against the Party of the Second Part as now contemplated, and that should the Court, upon hearing said cause, grant a divorce to said Party of the First Part from said Party of the Second Part upon her cross-bill, then in such an event the said Party of the First Part shall receive, by way of alimony and support and maintenance for herself and the minor child of the parties, Delores, the following financial payments and support from the Party of the Second Part:
'First: The Party of the Second Part shall pay to the Party of the First Part on the first day of the month following the granting of a decree of divorce to the Party of the First Part and each succeeding month thereafter, the sum of Fifty Dollars ($50.00) per month for the support and maintenance of the minor child of the parties, Delores, until the further order of the Court. Payments may be made in installments of Twenty-five Dollars ($25.00) each on the first and fifteenth of each month. It is understood that this provision is subject to the approval of the Court granting a divorce.
'Second: The Party of the Second Part is to pay to the party of the First Part for her maintenance and support the sum of Fifty Dollars ($50.00) per month payable in installments of Twenty-Five Dollars ($25.00) each on the first day of each month and Twenty-Five Dollars ($25.00) each on the fifteenth day of each month, starting July 1, 1949, should a decree of divorce be granted before that time and that such payments shall continue thereafter in such amounts and at such times as long as the said Party of the First Part remains single and unmarried. Should said First Party remarry, the payments shall cease.
'Third: The Party of the Second Part is to pay to the Party of the First Part, upon the granting of a decree of divorce, the sum of Six Hundred Dollars ($600.00) cash, as well as all unpaid payments for past due alimony. The sum of Six Hundred Dollars ($600.00) is to be credited by the Party of the First Part to those payments due from the Party of the Second Part from July 1, 1949, to January 1, 1950, on which last day the said Party of the Second Part is to immediately resume the monthly payments as hereinbefore set out at the rate of Fifty Dollars ($50.00) a month for the support of the Infant, Delores, payable in installments of Twenty-Five Dollars ($25.00) each on the first and fifteenth of each month, and the payment of Fifty Dollars ($50.00) a month alimony to the Party of the First Part payable in installments of Twenty-Five Dollars ($25.00) each on the first and fifteenth of each month.
'Fourth: The Party of the First Part is to receive and have as her property, free and clear of any claims of the Party of the Second Part, all the furniture, furnishings, household effects and personal property owned and used by the parties and now in the premises occupied by the Party of the First Part at 4138 Botanical Avenue, St. Louis, Missouri.
'Fifth: The Party of the First Part is to have the care, control and custody of Delores, the minor child of the parties. The Party of the Second Part shall be entitled to the custody of such minor child on such dates and between such hours as may be mutually agreeable to both parties.
'Sixth: Simultaneously with the execution of this Agreement, the said Party of the Second Part is to sign and release all interest he may have in and to the following insurance policies on the life of the minor child, Delores, and in which he is designated as beneficiary, which policies are to be delivered and remain in the possession of the Party of the First Part: John Hancock M. Life Ins. Co. No. 3552665; Natl. Life & Acc. Ins. Co. M-12415502.
'Seventh: The said Party of the Second Part is to deliver and turn over to the said Party of the First Part upon the granting of a divorce, all United States Government 'E' Bonds, in which the said infant, Delores, is named as one of the payees thereof, the said bonds are at all times thereafter to remain the property of the said infant, Delores, and have not heretofore been redeemed.
''Eighth: The parties agree that the above provisions have been mutually arrived at as being satisfactory to them, after a full discussion of their financial affairs and that such provisions are not in any way a consideration or an inducement for filing of the contemplated cross-bill for divorce by the Party of the First Part against the Party of the Second Part.
'Ninth: The Party of the Second Part is to pay all the Court costs in connection with the granting of a divorce to the Party of the First Part, including a reasonable attorney's fee to be paid to the attorney for the party of the First Part.
'An executed copy of this Agreement shall be exhibited to the Court for the purpose of guiding such Court in the awarding of alimony and support to the Party of the First Part, should such Court grant to such Party of the First Part a decree of divorce from said Party of the Second Part, and such executed copy shall be filed in said cause.
'In Witness Whereof, the parties have hereunto set their hands this 29th day of June, 1949.'
The record shows that on June 29, 1949 defendant filed her cross bill, plaintiff dismissed his petition, the above stipulation was filed, the cause was submitted to the trial court on the cross bill and a decree was entered granting the wife a divorce and custody of the daughter Delores. The decree contained the following financial arrangements:
'It is further ordered, adjudged and decreed by the Court that the defendant have and recover of the plaintiff, as and for the support and maintenance of said minor child, the sum of $50.00 per month, until the further order of the Court, payable in equal semi-monthly installments of $25.00 each on the 1st and 15th days of each month, the first payment to be made and to become due and payable forthwith.
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