Ott

The plaintiff has appealed from an order modifying a portion of a final decree of divorce. The plaintiff and defendant were husband and wife, but the plaintiff was given an interlocutory decree of divorce on February 6, 1925. Thereafter on February 17, 1926, the interlocutory decree was made final. Before the plaintiff applied for a divorce he had become the owner of a certain lot which had standing thereon two flats. Before the divorce action was commenced the plaintiff entered into a contract with his wife in which he agreed to pay her the sum of $4,000. After the divorce was granted the plaintiff occupied one flat and his former wife and their two children occupied another flat in the same building. Among other things, the interlocutory decree contained a paragraph as follows: “And it is further ordered, adjudged and decreed that the custody of the minor children of the parties hereto, be, and the same is, awarded to the plaintiff herein.” That same passage was carried into the final decree. At the time the action was commenced the two minor daughters, Joan and Irene, were residing with the mother. They continued to reside with her down to the thirtieth day of June, 1929, at…