Cregan v. Clark

I respectfully dissent. My principal concern is with the confusion which is sure to arise in the wake of the majority opinion.

*930In arriving at its decision the majority opinion rejected application of the doctrine of abatement. Instead, it chose to affirm the decree of legal separation and division of marital property (with exceptions noted). The net effect of doing so constitutes a final adjudication that the marriage was irretrievably broken prior to the husband’s death and confirms the wife’s share of the marital property. At the same time it leaves the status of the spouses as husband and…