December 27, 1956 Bernard S. Cohen for plaintiff. Michael F. Dennis for defendant. FRANK DEL VECCHIO, J. In this action the plaintiff, J. Albert Schaefer, seeks to declare a separation agreement null and void on the ground that it does not survive a decree of annulment; the defendant, Thelma K. Schaefer, asks for judgment on a counterclaim to recover back payments under the agreement. Briefly, the facts which give rise to this action are as follows: In 1948 plaintiff was graduated from a medical