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H and W were married on March 1, 1959. W had a 15-year-old daughter from a prior marriage. It was planned that the daughter would live with H and W as well as H’s mother after she was brought from Hungary. In September 1961 a daughter was born of the marriage. The mother-in-law arrived in 1964 and took up residence with H, and W. Discord soon developed and within a very short time after the arrival of the mother-in-law the marriage disintegrated. W demanded that H choose between her and his mother. H chose to live with his mother. W left with her two daughters in July 1965. The trial judge after hearing testimony ruled that a marital contract had been entered into conditioned upon the mother being a part of the household. The court gave the judgment to H on maintenance and support, and W appealed.

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