Appellate Terms of the Supreme Court of New York April 15, 1906 (Trust Co. of America v. Nash)

Scott, J.

In February, 1903, the defendant and Clara Louise Nash, his wife, had separated by mutual agreement and were living apart. At that time they entered into an agreement whereby, through the intervention of a trustee, ihe defendant undertook to make provision for his said wife and their infant child, Nadine Nash.