In Re the Marriage of Wilson

The opinion of the court was delivered by

McFarland, J.:

In this divorce action the issue is the matrimonial status of the parties where one party dies between the time the trial court orally grants the divorce and the filing of the journal entry. The district court set aside the journal entry and held the parties were married at the time of the death of Charles L. Wilson. The administrator of Charles’ estate appealed from said judgment and the same was affirmed by the Court of Appeals (13 Kan. App. 2d 291, 768 P.2d 835 [1989]). The matter is before us on petition for review.

The facts are not…