Johnson County National Bank & Trust Co. v. Bach

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from a declaratory judgment entered by the court below construing a trust agreement, wherein the parties to a divorce action made a property settlement which provided for reduced income to the wife upon remarriage, and holding a subsequent bigamous marriage by the wife, later declared void by a decree of annulment, to be a remarriage under the terms of the trust agreement. .

The question is whether the wife remarried, within the meaning of that term as used in the trust instrument. This depends primarily upon a…