McPadden v. Morris

For the reasons stated in the memorandum of decision, quoted above, we find correct the conclusion reached, that the plaintiff was not “the surviving spouse of such member who shall have been married to him and living with him as his wife at the time of his death,” within the meaning of the charter provision. As stated by the trial court, there is no room for construction when the wording of the statute is clear and direct.

The brief of the plaintiff is, in the main, concerned with the claimed inequitable result of this application of the statute. She points out that while she was living apart…