Andrews v. Andrews
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court appointing Annie Andrews administratrix of the estate of Charles S. Andrews. Trial before Hammond, J., who ruled that the divorce obtained in South Dakota was, by Pub.
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Appeal from a decree of the Probate Court appointing Annie Andrews administratrix of the estate of Charles S. Andrews. Trial before Hammond, J., who ruled that the divorce obtained in South Dakota was, by Pub. Sts. c. 146, § 41, of no force or effect in this Commonwealth; that Kate H. Andrews, the appellant, was the lawful wife; that the second marriage was illegal, and ordered the decree of the Probate Court to be reversed and the case remanded to that court; and Annie Andrews alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an appeal from the decree of the Probate Court appointing Annie Andrews administratrix of the estate of Charles S. Andrews. The appellant is the first wife of the deceased. The appellee married him later in good faith, after he had obtained a decree of divorce in South Dakota. The questions are whether the divorce is valid in this State, or whether, if it is invalid, the appellant, on the ground of connivance and acquiescence, is estopped to deny its validity. Charles S. Andrews went to South Dakota for the purpose of getting the divorce, and intended to return to Massachusetts as…
2Cases cited15 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- People v. DawellMichigan Supreme Court · 1872
- Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
- In re Ellis' EstateSupreme Court of Minnesota · 1893
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3Cited by32 opinions
- Stoll v. GottliebSupreme Court of the United States · 1938
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Heard v. HeardMassachusetts Supreme Judicial Court · 1948
- Tuells v. FlintMassachusetts Supreme Judicial Court · 1933
- Bergeron v. BergeronMassachusetts Supreme Judicial Court · 1934
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