Woodruff v. Woodruff

• Decision Date: 19 January 1906
• Parties: WOODRUFF v. WOODRUFF.
• Court: Kentucky Court of Appeals

90 S.W. 266

121 Ky. 784

WOODRUFF v. WOODRUFF.

Court of Appeals of Kentucky.

January 19, 1906

Appeal from Circuit Court, Jefferson County, Chancery Branch, Second Division.

"To be officially reported."

Action by Emma Woodruff against Williard F. Woodruff. From a judgment dismissing the petition, plaintiff appeals. Reversed.

Bennett H. Young and M. W. Ripy, for appellant.

F Hagan, for appellee.

HOBSON C.J.

Emma Woodruff is the wife of Williard F. Woodruff. When they were living apart and a divorce suit was pending between them which had been instituted by her, a reconciliation was made. The divorce action was dismissed, and the following written contract was entered into:

"This agreement, made and entered into this the 29th day of January, 1898, by and between Williard F. Woodruff of the first part, and Emma Woodruff of the second part, witnesseth: That whereas, there is a suit now pending in the Jefferson circuit court in which Emma A. Woodruff is the plaintiff and Williard F. Woodruff is defendant, for a divorce and alimony:

"Now it is hereby agreed between the parties hereto: That said suit is to be dismissed, settled, and in consideration of love and affection, and for the purpose of adjusting any differences which have existed or may exist between the parties hereto, and in consideration of the dismissal of said suit, said Williard F. Woodruff hereby agrees, in case said Emma A. Woodruff, his wife, should at any time hereafter leave him, or be unable to live with him, for any good or satisfactory cause, that she shall receive on account of her contingent rights of dower and in full for her support, and that of such children as during their minority remain with her, out of the landed estate of said Williard F. Woodruff, the sum of $50.00 (fifty dollars) per month, to be paid on the first day of each and every month during her natural life; and to secure the payment of said sum of fifty dollars, as hereinbefore set forth, it is hereby agreed that the same shall be a lien and a charge upon any interest which Williard F. Woodruff may have in and to the following described property: [Here follows description of property.]

"This charge, however, is not to take effect so long as the parties hereto shall live together, but in case said Emma A. Woodruff should for any good or satisfactory cause leave the said Williard F. Woodruff, then this agreement is to take effect at once, and in case of the failure of said Williard F. Woodruff to pay said sum of $50.00 per month out of the rents, issues and profits of the said property above described within thirty days after such installment is due, then it is agreed that this lien may be enforced to pay said Emma A. Woodruff the sum of $50.00 per month, or in case the interest of said Williard F. Woodruff after the payment of taxes or other charges shall equal the sum of $50.00 per month, then the payment of said sum of $50.00 shall be made out of the income of said property.

"In case this agreement takes effect, it is agreed that it shall be in full discharge of any rights of dower which said Emma A. Woodruff shall have in my estate, and said allowance to be not only when paid up in full of dower rights, but also in full for all claims for support for herself and such children as remain with her during their minority."

They thereupon resumed marital relations, but in October, 1901 Mrs. Woodruff filed this action, setting up the contract, and alleging that she had tried to live with her husband, and been to him whet a good and kindly wife should be, but that his treatment of her had been cruel and inhuman, and that she had been compelled to leave him by reason...