In Re Johnson's Estate

EPHRAIM HANSON, Justice.

This case was submitted to the trial court upon a stipulation of facts. The controlling facts as thus exhibited are: That the plaintiff, Ethel Atkinson Johnson, and Harry Theodore Johnson entered into the marriage relation November 23, 1925. Mrs. Johnson instituted an action for divorce against her husband, and an interlocutory decree of divorce was entered in her favor on February 25,1982. This decree, among other things, recites that the defendant in the divorce action entered his appearance, waived time within which to plead to the complaint, and consented that, “If…