GAINES v. JACOBSEN


283 A.D. 325 (1954)

Frances Gaines, Respondent, v. Owen P. Jacobsen, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 16, 1954.


Attorney(s) appearing for the Case

Barent Ten Eyck of counsel (McNutt & Nash, attorneys), for appellant.

Ira M. Millstein of counsel (Jacob F. Raskin with him on the brief; Weil, Gotshal & Manges, attorneys), for respondent.

CALLAHAN, BOTEIN and BERGAN, JJ., concur with BREITEL, J.; DORE, J. P., dissents in opinion.


BREITEL, J.

The question in this case is whether a former wife is entitled to a resumption of periodic payments for her support and to the maintenance of life insurance for her benefit under a separation agreement. The agreement provided that in the event of her remarriage the benefits would cease. She remarried but the remarriage was annulled, after it had been determined that her second husband had not been...

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