Dozier v. Dozier, 27266
| Decision Date | 28 June 1972 |
| Docket Number | No. 27266,27266 |
| Citation | 191 S.E.2d 57,229 Ga. 306 |
| Parties | Verda D. DOZIER (now Eirich) v. Frank C. DOZIER, Jr. |
| Court | Georgia Supreme Court |
Malone & Malone, Thomas Wm. Malone, Leonard H. Gilberg, Albany, for appellant.
Syllabus Opinion by the Court
This is an appeal from a judgment refusing to hold the defendant in contempt of court for failure to comply with an agreement between the parties made a part of a divorce decree settling 'child support, custody of minor child and property division.' Between the time of the divorce and the present application for citation for contempt the minor child referred to in the agreement obtained his majority and the wife remarried. The trial court, after hearing argument, found for the husband apparently upon the defendant's answer that it was the intent of the parties that the husband's responsibility under such agreement ceased upon the remarriage of the wife and the son's reaching his majority. The appeal is from this judgment and such ruling constitutes the sole enumeration of error.
The agreement provided in part: Husband 'shall convey all his right, title and interest in the following named property to (wife) . . . to-wit: . . . sums due to husband from The National Bank of Albany, Albany, Georgia, under his profit sharing plan in said bank as set forth hereinafter . . . (Husband) agrees to transfer and relinquish all right, title and interest to the profit sharing plan to The National Bank of Albany, in Albany, Georgia, to . . . (wife) . . . He does hereby covenant and agree that the said bank will not make the payments directly to . . . (wife) . . . that he. . . (husband) . . . shall administer these funds as trustee for . . . (wife) . . . and pay over to her any of said sums paid to him thereunder as same to accrue.
Held:
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