556 HELMS v. FRANCISCUS.

mutual resolution to dissolve their marriage contract; and do
hereby, by the present instrument of writing, voluntarily agree to
separate themselves. Furthermore, L. Helms doth bind himself
to renounce all the claim he has against his wife, A. G. M. Helms,
as well as the claim he might have against the estate of her de-
ceased brother, Carsten Newhaus. A. G. M. Helms, in return,
renounces all claim she may have against L. Helms. Thus both
parties mutually agree to live separate, and the debts which have
been contracted or may be contracted hereafter, to be paid by the
person who contracts it.'

It appears, that so far from any duress, coercion, or threats
having been used to induce Lewis Helms to execute this instru-
ment of writing, it was wished for, and even earnestly desired by
him, as a means of protecting himself against any claim made by,
or on account of his wife; and in consideration of that, he cheer-
fully relinquished all interest in her estate.

It further appears, that since Helms and his wife parted, in the
spring of the year 1820, he has never contributed in the slightest
degree to her maintenance; that since their separation, he has re-
sided some time in Pennsylvania; some time in this state; and for
some time past has been, and now is, a resident of New York. It
is not shewn, that there has been any one point of time, since his
marriage, when he was not in the very lowest condition of insol-
vency; nor is it shewn that he has ever, since his marriage, made
one single manly effort to rise above that condition. She, since
their separation, has always resided in Baltimore. She too, is
represented as being very poor; but she has sustained a good
character; has been industrious; has kept a boarding-house; has
earned a living for herself; and her efforts to do so have been
creditable to her.

Of the proofs in relation to the assets of the testator, I shall say
nothing; because I shall decree that his executors account; and
upon that, the whole case will be sent to the auditor, for the pur-
pose of stating the account from the proceedings and proofs now
in the case, and such other proof as may be laid before him.

The supplemental bill of revivor, by which the court was first
informed of the marriage of the plaintiff Anna, after the institution
of this suit, made her husband, Lewis Helms, a defendant; and
represented him as having a residence beyond the jurisdiction of
this court. Under such circumstances, no more could be done
than to warn him by publication, to appear and defend his rights;