"PETITION.
"Plaintiff
states that he and the defendant were formerly husband and
wife, having been married about the year 1914, and that the
married relation between them continued to exist until they
were divorced on or about the 21st day of September, 1928, by
decree of the Circuit Court of the City of St. Louis
Missouri, duly entered on said last-mentioned date, in a
certain suit brought in said court by the said Lucile McD.
Dorsett against this plaintiff for the purpose of obtaining a
divorce from him.
"Plaintiff
further states that while the relation of husband and wife
still existed between him and the defendant, a certain
contract in writing was duly entered into between them, duly
executed by both plaintiff and defendant on or about the 19th
day of September, 1928, which contract was and is as follows:
"'This
agreement executed as of the 1st day of June, 1928, by and
between Lucile McDonald Dorsett, of the City of St. Louis,
Missouri, first party, E. Lee Dorsett, of the City of St.
Louis, Missouri, second party, and Fletcher R. Harris, third
party, witnesseth; That,
"'Whereas,
first and second parties are husband and wife and reside in
the City of St. Louis, Missouri, and
"'Whereas,
disagreements have arisen between first and second parties as
husband and wife, and
"'Whereas,
said first and second parties desire to agree upon and make
full and complete settlement and adjustment of the financial
affairs and property rights of first and second parties, to
provide for the future support and maintenance of first
party, for the division of the joint property of first and
second parties between said parties, and for the full and
complete settlement and adjustment of all claims of first
party against second party, for maintenance and support, as
well as all dower and other rights or claims of first party
to or against the property now owned or which may be
hereafter acquired by second party, and in case of divorce or
legal separation, for alimony pendente
lite, suit money and attorneys' fees, and alimony in
gross; and,
"'Whereas
said third party has, at the request of first and second
parties hereto, agreed to act as trustee for the purposes
hereinafter set out;
"'Now,
therefore, for and in consideration of the mutual covenants
and agreements herein, it is hereby agreed by and between
said parties as follows:
"'First.
The undersigned third party herein, or his successor in
office shall, for the purpose of this agreement, be and he is
hereby constituted trustee of first and second parties for
the purpose and with the powers and duties hereinafter more
fully set forth.
"'Second.
First and second parties hereby agree that, immediately upon
the execution
of this instrument and contemporaneously therewith, they will
execute, acknowledge and deliver to third party a warranty
deed conveying the real estate situated in the City of St.
Louis, Missouri, and improved with premises known and
numbered as 5093 Washington Boulevard, and third party shall
and will thereupon and thereafter use his best efforts to
sell the same for the best price obtainable, subject to
certain deed of trust now outstanding against said property
and recorded at page 494, Book 3652, in the office of the
Recorder of Deeds in the City of St. Louis, Missouri. Pending
the sale of said real estate, second party assumes and agrees
to pay the interest and other payments and perform the
covenants which first and second parties are required to
perform under the terms of said deed of trust; and pending
said sale second party further agrees to pay the taxes,
general and special, due or to become due on said real
estate, and to assign and deliver to the holder of said deed
of trust or to third party herein all fire and tornado
insurance policies now in force upon the improvements upon
said real estate, and that said policies shall be properly
endorsed so as to protect the interests of the holder of said
deed of trust and of the parties to this agreement, and that
second party shall continue to keep said policies or an equal
amount of insurance in force upon said property pending the
sale thereof. In the event of the failure of second party to
make the payments herein agreed to be made as and when the
same shall be due, then second party shall, on demand made by
the first party, pay to first party as and for her
maintenance and support the sum required by this paragraph to
be paid to third party, such payments to be in addition to
the support and maintenance as provided in article fifth
hereinafter set out.
"'It
is further understood and agreed that until said property
shall be sold, first party shall have the right to occupy
same without the payment of rent or other charges, provided
such sale shall have been consummated on or before the 1st
day of January, 1929. If on said last-named
date said real estate shall not have been sold and no earnest
money contract for the sale thereof shall have been entered
into between third party and a bona fide prospective
purchaser thereof, then first party shall, upon request of
second party, vacate said premises; and third party shall
lease said premises for the best price obtainable, and such
rental as may be by third party received therefrom shall be
by him used and applied toward the payment of the mortgage
interest, taxes and insurance hereinabove referred to; and
after deducting for his services the usual and customary
commission for leasing said property and collecting the rents
therefrom, the balance, if any, then remains, shall be by
said trustee paid over to first party as payment on account
of the monthly payments referred to in article fifth hereof.
"'Third.
When the above-mentioned real estate shall have been sold by
third party, third party shall pay the costs of such sale,
including all expenses for advertising said property which he
may have theretofore advanced, together with an amount to
compensate him for his services as trustee hereunder, equal
to the usual and customary commission of real estate agents
for the sale of real estate in the City of St. Louis,
Missouri, and based on the selling price of said property.
From the balance thus remaining third party shall reimburse
second party for any and all sums advanced and paid out by
second party subsequent to June 1, 1928, for mortgage
interest, taxes, insurance, repairs or other disbursements
for the benefit of said real estate. The net balance then
remaining in the hands of third party shall be by him paid
over to first party, one-half of such net balance
representing the undivided one-half interest of first party
in and to said real estate and the other half of said net
balance representing payments in advance by second party to
first party on account of the monthly payments referred to in
paragraph five hereinafter mentioned, and first party shall
at the time of receiving such advance payment execute and
deliver to third party to be by him delivered to second party
first party's receipt acknowledging payment from second
party of such amount as payments in advance on said monthly
payments referred to in said paragraph five. It is further
understood and agreed, however, that if first party shall die
or remarry prior to the sale of said house that said one-half
of the net proceeds thereof which would have been paid over
to first party as advance payments under paragraph five shall
belong to and be paid over to second party.
"'Fourth.
It is further understood and agreed that upon the execution
of this
instrument second party shall be and is hereby agreed to be
the sole and exclusive owner of the personal property
specified in the list hereto attached, marked "Schedule
A" and made part of this agreement, it being understood
and...
