Fol. 1.

SUPREME COURT,
WESTCHESTER COUNTY.

MATHLEEN O'NEILL,

Plaintiff,

-against-

EUGENE G. O'NEILL,

Defendant.

2. This cause having come on for trial at a Special Term of this Court before Hon. Joseph Morschauser, one of the Justices of this Court, without a jury, on the 10th day of June, 1912, upon the complaint of the plaintiff and the affidavit of service of the summons and complaint upon the defendant, and the plaintiff having appeared herein by Messrs. Van Schaick & Brice, her attorneys by Wilson B. Brice, of counsel, and the defendant not having answered or demurred or appeared herein and not having appeared upon the trial and the proof of the plaintiff in support of the complaint having been adduced and due deliberation having been had thereon, I do decide and find as follows:-

FINDINGS OF FACT.

1. That plaintiff was a resident of the State of New York at the time of the commission of the offenses set forth in the complaint and was a resident of said State, residing in the County of Westchester at the time of the commencement of this action.

2. That plaintiff was married to defendant in Jersey City, in the State of New Jersey, on the 26th day of July, 1909.

Fol. 1

SUPREME COURT
COUNTY OF WESTCHESTER.

KATHLEEN O'NEILL,

Plaintiff,

-against-

EUGENNE G. O'NEILL,

Defendant.

DECISION.

" 2

The summons and complaint in this action having been duly personally served upon the defendant in the Borough of Manhattan, City, County and State of New York, upon the 20th day of January, 1912, and the said defendant having failed to appear, answer or demur herein, and his time so to do having expired on the 9th day of February, 1912, and the said defendant being now in default, and this cause coming duly on to be heard at Special Term of this Court at the County Court House in the Village of White Plains, on the 10th day of June, 1912, held by the undersigned, without a jury, and the allegations and evidence of the plaintiff having been heard,

Now after hearing Wilson B. Brice of counsel for the plaintiff and due deliberation having been had I decide as follows:-

FINDINGS OF FACT.

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"4
2. That plaintiff was married to defendant in Jersey City, in the State of New Jersey, on the 26th day of July, 1909.

3. That the defendant committed adultery with a woman whose name is unknown, at No. 140 West 45th Street, in the Borough of Manhattan, City, County and State of New York, on the 29th day of December, 1911.

4. That such adulteries were committed without the consent, connivance, privity or procurement of plaintiff.

"5
5. That five years have not elapsed since the discovery by plaintiff of the commission of said adulteries and plaintiff has not voluntarily cohabited with defendant since the commission of said offenses and the discovery thereof by her, nor has she forgiven the same.

6. That there is an issue of said marriage, to wit: one boy about the age of two years, named Eugene G. O'Neill, Jr.

7. That no decree of divorce has been obtained by defendant against the plaintiff in any of the courts of any of the states or territories of the United States, nor is any other action for divorce pending.

"6
8. That the summons and a copy of the complaint herein were duly served upon the defendant on the 20th day of January, 1912, in the Borough of Manhattan, City, County and State of New York, by delivering said summons and said copy of said complaint to the defendant personally and leaving the same with him; and that the summons so served had written upon the face thereof the following words: "Action for absolute divorce on the ground of adultery".

9. That the time for the defendant to appear, answer, or demur herein expired on the 9th day of February, 1912, and he has not appeared, answered or demurred.

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7

CONCLUSIONS OF LAW.

That the plaintiff is entitled to an interlocutory
judgment which shall provide for the dissolution of the
marriage between the plaintiff and the defendant and pro-
viding for the entry of final judgment granting such relief
three months after the entry of such interlocutory judg-
ment, unless otherwise ordered by the court, and providing
further for the custody by the plaintiff of the child of
the marriage between the plaintiff and the defendant, and
providing further that the plaintiff recover of the defend-
ant her taxable costs and disbursements herein.

Dated, White Plains, N. Y., June , 1912.

JosephMRsChampl
Justice of the Supreme Court.

Fol. 1

at no cost of
judgment, special Term of the Supreme
of the State of New York
to be ended at Part I thereof in the
Court House, in the Village of
White Plains, County of West-
chester, on the 11th day of
October, 1912.

Present:

Justice.

KATHLEEN O'NEILL,
Plaintiff,

-against-

MARGARET G. O'NEILL,
Defendant.

X

#1673 --- 1912

FINAL JUDGMENT ON
DEFAULT.

X

2

The above cause having come duly on to be heard at
a Special Term of the Supreme Court of the State of New York,
held at the Court House, in the Village of White Plains, on
the 10th day of June, 1912, before Hon. Joseph Morschauser,
Justice of the said Court, and the Court having heard the
testimony of the plaintiff and her witnesses, the defendant
being fully in default, and a decision and interlocutory
decree of divorce in favor of the plaintiff and against the
defendant having been made on the 5th day of July, 1912, and
entered in the office of the Clerk of the County of West-
chester on the 8th day of July, 1912, and it appearing by
the Certificate of the Clerk of the County of Westchester,
dated the 8th day of October, 1912, and the affidavit of Walter
C. Neis herein, verified the 11th day of October, 1912, that said
decision and interlocutory judgment were duly filed in the
office of the Clerk of the County of Westchester, on the 8th

3

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4

day of July, 1912, and that no order or direction in any
way affecting the said judgment, or any application for said
order or direction has since been filed in the office of
the Clerk of the County of Westchester, and that final
judgment has not been refused.

NOW, on motion of Van Schaick & Brice, attorneys
for the plaintiff, it is hereby

5

ORDERED, ADJUDGED and DECREED that the marriage
between the plaintiff, KATHLEEN O'NEILL, and the defendant,
EUGENE G. O'NEILL, be and the same is dissolved, and the
plaintiff is hereby divorced from the defendant. And it
is further

ORDERED, ADJUDGED and DECREED that after the entry
of this judgment it shall be lawful for the plaintiff to
marry again the same as if the defendant was dead, but it
shall not be lawful for the defendant to marry any person
other than the plaintiff in the lifetime of the plaintiff.
And it is further

ORDERED, ADJUDGED and DECREED that the plaintiff,
KATHLEEN O'NEILL, have the exclusive care, custody and con-
trol of Eugene G. O'Neill, Jr., the only child of the mar-
riage between the plaintiff and the defendant.

Enter

Isaac N. Miles

Justice, J. H. Supple & Court,

Mark W. Buch

clerk

Vol. 1

KATHLEEN O'NEILL,
Plaintiff,

-against-

EUGENE G. O'NEILL,
Defendant.

AFFIDAVIT.

STATE OF NEW YORK,
COUNTY OF Westchester } ES.

2

WALTER C. NEIS, being duly sworn, deposes and says: I am an attorney and counsel at law, and I reside at No. 5 Cottage Street, in the Village of White Plains, County of Westchester, State of New York.

On the 8th day of July, 1912, I filed in the office of the Clerk of the County of Westchester, the decision and interlocutory judgment in the above entitled action. I have searched the records in the office of the Clerk of the County of Westchester since the aforesaid date of July 8th, 1912, and I find that no order or direction in any way affecting the said judgment, or any application for said order or direction has since been filed in the office of the Clerk of the County of Westchester, and that final judgment has not been refused.

Sworn to before me this
1st day of October, 1912. }

3

WESTCHESTER COUNTY CLERK'S OFFICE.

October 8 1912.

I, FRANK M. BUCK, Clerk of the County of Westchester, and also Clerk of the Supreme and County Courts, in and for said County, the same being Courts of Record, DO HEREBY CERTIFY that a decision and interlocutory judgment of divorce in favor of plaintiff in an action brought in the Supreme Court by Kathleen O'Neill plaintiff, against Eugene G. O'Neill defendant, was filed in this office on the 8 July 1912, and that no order or direction of the Court in any way affecting said judgment has since then been filed in this office.

FRANK M. BUCK
County Clerk.

MEMORANDUM OF AGREEMENT entered into this 15th day of August, 1921, between KATHLEEN PITT-SMITH, formerly KATHLEEN O'NEILL, of the Borough of Manhattan, City of New York, hereinafter called Party of the First Part, and EUGENE G. O'NEILL, Jr., of Provincetown, State of Massachusetts, hereinafter called Party of the Second Part.

WITNESSETH

WHEREAS, the parties hereto, in July, 1909, residents of the State of New York, intermarried in the State of New Jersey, and after said marriage, lived together as husband and wife, and

WHEREAS, the only issue of said marriage is one child, EUGENE G. O'NEILL, III, born on the 5th day of May, 1910, and now eleven years of age, and

WHEREAS, about the 20th day of January, 1912, the Party of the First Part instituted proceedings for an absolute divorce against the Party of the Second Part in the County of Westchester, State of New York, which proceedings resulted in the granting of a final decree of divorce against the Party of the Second Part in favor of the Party of the First Part the 14th day of October, 1912, and

WHEREAS, it was provided in said final decree of divorce aforesaid that the Party of the First Part should have the exclusive care, control and custody of said infant, the issue of said marriage, and since the 14th day of October, 1912, the Party of the First Part has had the exclusive care, custody and control of said infant without interference from

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the Party of the Second Part, and has maintained and supported
said infant out of her own resources without assistance from
the Party of the Second Part, and

WHEREAS, the Party of the First Part has received from
the Party of the Second Part no payments whatsoever on account
of her maintenance and support since the said 14th day of Octo-
ber, 1912, and

WHEREAS, the Party of the First Part has made certain
claims and demands upon the Party of the Second Part for the
care, maintenance and support of said infant, as well as her
own separate care and maintenance from the entry of said final
decree, October 14th, 1912, both of which claims are disputed
by the Party of the Second Part, and

WHEREAS, it is the desire and intention of the Parties
hereto to compose, settle and adjust their respective differ-
ences arising out of the claims aforesaid and to provide for the
future maintenance and support of the said infant until he shall
attain the age of twenty-one years.

NOW, THEREFORE, in consideration of One Dollar, each
to the other in hand paid, the receipt of which is hereby ac-
knowledged, and other good and valuable considerations, the par-
ties hereto do hereby agree as follows:

FIRST: The Party of the Second Part does hereby
agree to support, maintain and educate the infant aforesaid un-
til he shall become twenty-one years of age and to pay to the
Party of the First Part for the support, maintenance and educa-
tion of the said infant the following yearly sums: The first
year of the agreement the sum of Eight hundred ($800.) Dollars,
Four hundred ($400.) Dollars of which shall be paid upon the

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execution and delivery of this agreement and Four hundred
($400.) Dollars on or before the first day of February, 1922;
The second year of this agreement the sum of Nine hundred
($900.) Dollars; the third year of this agreement, One thousand
($1000.) Dollars. Thereafter and until the said infant shall
attain the age of twenty-one years such yearly sum as may be ne-
cessary to properly maintain, support and educate said infant,
but the sum to be paid in any one/year shall not exceed the sum of
Twelve hundred ($1200.) Dollars. After the first year of this
agreement, the payments as above provided are to be made by the
Party of the Second Part to the Party of the First Part semi-
annually on the first day of July and January in each year.

It is distinctly understood and agreed, however, be-
tween the parties hereto that should the infant become at any
time self-supporting, or should he die before attaining the age
of twenty-one years, then and in either case, the payments here-
inbefore enumerated shall thereupon cease and determine.

SECOND: The Party of the First Part hereby agrees
with the Party of the Second Part that if the foregoing payments
as hereinbefore provided are made to her each year during the
life of this agreement, that she will not call upon the Party of
the Second Part to pay any sums whatsoever for either the care,
maintenance or education of the said infant or for any separate
maintenance or support that the Party of the First Part might be
entitled to pursuant to the said final decree of October 14,
1912.

THIRD: The Party of the First Part hereby agrees to
permit the Party of the Second Part to see and to have the in-
fant at such times and at such places as may be agreed upon, and

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