Flaherty v. Flaherty

June 18,1955, plaintiff Eleanor Flaherty commenced an action for divorce against John G. Flaherty. Mr. Flaherty signed and acknowledged a written admission of service of the summons and complaint. June 28, 1955, the parties entered into a property settlement agreement, which was approved by the court when a default decree of divorce was entered on September 20, 1955, by Judge William J. Wilkins.

It is not disputed that Mrs. Flaherty had a serious heart condition before the decree of divorce was entered. November 6,1955, Mrs. Flaherty suffered a severe stroke. Her mind remained clear until…