Clinkscales v. Clinkscales

Lewis, Chief Justice:

The appellant initiated this action to obtain a legal separation and the return of $10,321.18 withdrawn from a checking account by his new wife. His petition was denied and he has appealed the lower court’s disposition of the funds to the wife. We reverse. The facts we rely upon are primarily undisputed.

After knowing each other for approximately six weeks, the parties to this action were married. This was the third marriage of each party, the appellant being seventy-one (71) years of age and the respondent wife fifty (SO) years of age. Soon after their marriage, the…