McBee v. Crosby

I respectfully dissent.

Although the trial court’s and the majority’s desire to spare Gladys a “grave injustice” is commendable, that desire is not justification for working a “grave injustice” against Jessie and Frances, his widow.

In the dissolution action Jessie was without legal representation. When Jessie asked for a clarification, the court said:

“he is to retain his ownership in the property and the wife should have possession, but at no cost to her”.

Gladys’ attorney drew the decree which incorporated the finding of the court. There is no indication that the decree was submitted to Jessie…