Kelly v. Kelly

This is an appeal from an order modifying the terms of a divorce decree.

The parties were married at Poison, Montana. Two children were born as the issue of the marriage. It appears from the record that while residing at Poison the defendant wilfully neglected to provide the common necessaries of life for his wife and children, as the result of which the plaintiff in 1938 placed the children, both then under the age of two years, in the care of Mr. and Mrs. J. L. David at their ranch home near Pablo, Montana, where they were cared for continuously until March 1944, that being the date of the…