Beckett

Defendant husband appeals from order quashing writ of execution for monies allegedly due him for support and maintenance, pursuant to a provision of a property settlement and separation agreement, set forth in an interlocutory judgment of divorce and embodied in the final judgment of divorce. Plaintiff wife made all payments until defendant husband remarried and has refused to make payments thereafter, notwithstanding the annulment of defendant’s remarriage by his second wife.

The parties hereto were married in 1948, separated in January 1957 and on April 19, 1957, entered into a property settlement and separation agreement, prepared by their respective attorneys. The agreement listed their separate property, set forth a division of community and joint tenancy property, provided for giving custody of the three minor children to the wife, and provided for support and maintenance payments by the wife from her separate property to the husband in tile sum of $1,200 per month, commencing May 1, 1957, and “continuing monthly thereafter for the life of the Husband, but not to exceed a period of ten (10) years and six (6) months.”

Shortly thereafter the wife filed suit for divorce.…