Gury

Plaintiff filed her action in the court below for divorce on the grounds of cruelty. She sought the custody of the two minor children of the parties, a daughter, Eileen, of the age of about six years, and a son, David, of the age of about three years, and asked for a division of the community property and for alimony and money with which to support the minor children. Defendant filed a cross-complaint seeking a divorce on the grounds of cruelty, asking custody of the minor children and a division of the community property in accordance with an agreement executed between the parties after the filing of the original complaint and before the filing of the cross-complaint. Plaintiff filed a supplemental complaint in which she sought to have the contract dividing the community property and agreeing that the custody of children ultimately be given to defendant, set aside and annulled.

After a trial lasting a number of days the court found in favor of plaintiff on her allegation of cruelty; that the property settlement was a fair, just and equitable division of the property of the parties; that the plaintiff was not, and that the defendant was, a fit and proper person to have the…