Steinmetz

This is an appeal from an order of the superior court of the county of Santa Clara, state of California, directing the plaintiff to pay to the defendant the sum of $60' a month for her support pending the trial of a divorce action, and the further sum of $10 for costs and $250 for counsel fees in said action in which defendant had filed a cross-complaint.

In the trial court the plaintiff opposed the granting of the motion for alimony pendente lite, costs and attorney’s fees upon the ground that the parties had entered into a contract for the settlement of their property rights, under which the defendant had received the sum of $1,000 and had relinquished all other claims against the property of the plaintiff and the property of the community. The agreement between the parties with reference to their property rights was offered in evidence at the hearing upon the motion as were also the pleadings in the divorce action in which the defendant and cross-complainant attacked such agreement as fraudulent and void.

Appellant contends that it is apparent upon its face that said agreement is not objectionable in any way under the decisions dealing with agreements of this character which…