Williston, Sections 355n., 781n., 841n., 1472n., 1742-1744. Johnson v. Johnson, 206 N. Y. 561, 100 N. E. 408; Winter v. Winter, 191 N. Y. 462, 84 N. E. 382; Spense v. Woods, 134 App. Div. 182, 000 N. Y. Supp. 807; Landes v. Landes, 170 App. Div. 898, 154 N. Y. Supp. 1129; Reardon v. Woerner, 111 App. Div. 259,97 N. Y. Supp. 747; Effray v. Effray, 110 App. Div. 545, 97 N. Y. Supp. 286; Barnes v. Klug, 129 App. Div. 192, 113 N. Y. Supp. 325; Carling v. Carling, 42 Misc. 492,86 N. Y. Supp. 46.
hereinafter called the "Husband" and.....................
hereinafter called the "Wife," Witnesseth:
Whereas, as a result of differences and disagreements, the parties on or about...........................separated and since that time have been living separate and apart and are of the opinion that it is to their advantage and welfare to live separate and apart in the future; and
Whereas, the Husband desires to make provision for the maintenance and support of the Wife during her life.
Now, therefore, in consideration of the mutual covenants and agreements herein, the parties agree:
1. The parties shall live separate and apart and each be free from interference, authority and control by the other as fully as if he or she were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which to him or her shall seem advisable for his or her own, sole or separate use and benefit without and free from any control, restraint or interference, direct or indirect, by the other party in all respects as if each were unmarried.
2. The parties agree that they will not molest the other or compel or seek to compel the other party to cohabit or dwell with him or her by any proceedings for restoration of conjugal rights, or otherwise.
3. The Husband agrees that the Wife shall own, have and enjoy, independently of any claim or right of the Husband, all silverware, pictures, portraits, books, household furniture, china, glassware, rugs and other household effects of every kind and description and wheresoever situated, now owned or held by the parties, or either of them, and also all wearing apparel, personal ornaments and other personal property belonging to the wife and now in her possession, or held by her, or which shall hereafter belong or come to her, and these shall remain her sole and separate property, free and discharged from all rights of the Husband, with full power to the wife to sell, assign, convey, deal with, bequeath or dispose of any of the property mentioned in this paragraph during her lifetime, or by her last will and testament, as fully and effectually in all respects as if she were sole and unmarried. The Husband agrees that he will, from time to time, execute and deliver such further instruments, and do such further acts as may be necessary to carry out and make effectual the provisions of this paragraph of this agreement.
4. The Husband will, during the joint lives of the Husband and the Wife, pay to the Wife for her separate maintenance and support, and for her separate use and benefit, $...............
The Husband covenants and agrees to pay any and all charges, taxes or assessments charged against or levied or assessed against the said payments, or against the Wife on account thereof by any present or future law, regulation or act of the United States, or of any State, Territory, Municipality or other taxing authority whatsoever; it being the intention of the parties that the Husband shall pay and the Wife shall receive, without diminution for any reason whatever, the full amount of said payments for the Wife's maintenance and support.
5. The Husband will pay as and when the same shall become due and payable all bills or debts contracted by the Wife prior to.................., whether contracted in her own name or in that of the Husband, including bills for medical attention and services, the said payments to be made directly to the various creditors by the Husband, or, at his election, to the Wife who will thereupon immediately proceed to pay said bills or debts.
6. The Wife agrees that so long as the Husband shall perform each and every of the covenants and conditions hereof on his. part to be performed and observed, she will not at any time hereafter contract any debt, or debts, charge or liability for which the Husband or his estate shall or may be or become liable or answerable.
7. The Husband represents that he has heretofore insured his life for................by certain policies of life insurance which are enumerated in Schedule "A" hereto annexed and made a part hereof. The Husband, in order to provide for the separate support and maintenance of the said Wife after his death, has caused the said policies of insurance to be irrevocably assigned to the Wife during her natural life, and has delivered said policies to the Wife. The Husband covenants and agrees that he will, at all times, hereafter maintain said insurance in full force and effect in favor of the Wife; that he will promptly and punctually pay the premiums thereon as and when they and it shall severally become due and payable.
8. The Wife covenants and agrees that she will release her right of dower in any land or real estate of which the Husband may hereafter be seized or possessed, and that she will execute, acknowledge and deliver at the request of the Husband or his legal representatives, without cost or expense to her, all such deeds, releases or other instruments as may be necessary to bar, release or extinguish such right of dower.
Except as herein provided, the Wife hereby releases all of her interest in or her right or claim to the separate estate of the Husband.
9. The Wife covenants and agrees that she, her executors and administrators, will at all times hereafter keep the Husband, his heirs, executors and administrators, indemnified from all debts and liabilities hereafter contracted or incurred by the Wife from all actions, proceedings, claims, demands, costs and expenses whatsoever in respect thereto, if and as long as the Husband shall fully and faithfully perform and observe each and every of the covenants and conditions hereof, on his part to be performed and observed, and in the event the Husband shall be compelled to pay any sum or sums of money for or on account of any debt or liability hereafter contracted or incurred by the Wife then and in every such case the Husband may at his option deduct and retain from the monthly payments hereinabove provided for the amount which he shall have so been compelled to pay together with all costs and expenses, provided, nevertheless, he shall not be in default hereunder.
10. The parties hereto covenant and consent that in the event a temporary or final judgment or decree shall be rendered in any action or proceeding between the parties hereto in which provision for the maintenance and support of the Wife may be appropriate such judgment or decree shall provide for the maintenance and support of the Wife according to the terms of this agreement, and this agreement shall be embodied in and made a part of such judgment or decree. This agreement shall nevertheless continue in full force and effect, but the Wife in no event shall be entitled to an allowance greater than that herein provided for.
11. The foregoing contains the entire agreement between the parties, and there are no other understandings or agreements between them.