6 D O C . 6 F E B R U A R Y 1 9 1 9 Issue from this marriage are two boys, Hans Albert b. 14 May 1904 and Eduard b. 28 June 1910. The same have been with their mother since the rupture of the mar- ital union.[5] II. As a basis for her suit the Plaintiff claims absolute grounds for a divorce per Art. 137 of the C. C. Whereas, cause for a divorce on the part of the Defendant can- not be established whereas, the Defendant has on the contrary frankly admitted to maintaining intimate relations with a cousin in Berlin already for about years [6] therefore, the Plaintiff’s demand for a divorce by reason of adultery should imme- diately be declared legitimate. Under these circumstances, grounds to exclude a claim in cited Art. 137 by statute of limitations or through pardon do not come un- der consideration. For this reason the claim should be upheld. According to Art. 150 of the C. C., in the case of divorce by reason of adultery an interdiction to marry for 1–3 years is imposed on the guilty spouse. There are no specific grounds for circumventing the foregoing punitive measure. III. Concerning the consequences of the divorce, on 12 June 1918 the parties en- tered into the following Agreement:[7] 1. Prof. Einstein in Berlin shall deposit in trust at a Swiss bank 40,000.– marks in securities, with the stipulation that, in the case of a divorce of the spouses, this sum become the property of Mrs. Mileva Einstein née Marit. 2. From the moment of the opening of the trust account, Mrs. Mileva Einstein shall draw the interest. She shall not, however, exercise power over the capital with- out the consent of Prof. Einstein (i.e., the securities shall neither be sold, nor mort- gaged, nor exchanged without his approval). 3. Prof. Einstein shall send in quarterly installments to Mrs. Mileva Einstein an alimony sum which, including the interest from the gift sum just mentioned and in- cluding the interest from the Nobel Prize to be named under No. 4 of this contract, annually amounts to a total of 8,000 francs, for the disbursal of which Mrs. M. Ein- stein shall render no account. 4. Prof. Einstein shall instruct, in the event of a divorce and in case he receives the Nobel Prize, that the principal of the above less 40,000 marks become the prop- erty of Mrs. Mileva Einstein, and shall deposit this capital in trust at a Swiss bank. Regarding this sum the following shall apply: a. Mrs. M. Einstein shall have no authority over the capital without the consent of Prof. Einstein. She shall dispose freely of the interest, however. b. In the case of the remarriage or death of Mrs. Einstein, the above-mentioned 40,000 marks, or the above-mentioned 40,000 marks along with the Nobel Prize ceded to Mrs. Einstein, less 40,000 marks, shall go to the children, Albert and Eduard Einstein.
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