Sargent v. Sargent

Appellant and respondent are husband and wife. This action was brought by the husband to have awarded to him the exclusive custody and control of Lillie W. Sargent, the minor daughter of the parties, aged thirteen years—the sole issue of the marriage—then living with the mother.

The court found that the parties, in April, 1890, entered into a contract of separation, wherein it was agreed that by reason of unhappy differences the parties should live separate and apart during the continuance of their *542 matrimonial obligations, unless they should mutually agree to resume them; that the wife should have the sole and exclusive custody and control of said minor child, and of her education and bringing up, until the child should attain the age of eighteen years, without any interference whatsoever on the part of the husband; that the wife should be at liberty to live in such place or with such relatives or friends as she should see fit; and that the husband should pay to the wife, so long as the marriage relation should exist, and she should continue to live apart from him, the sum of sixty dollars per month, for the support and maintenance of the wife and daughter, except that after…