Wulf v. Fitzpatrick

The opinion of the court was delivered by

Harvey, J.:

This is a proceeding brought by E. E. Wulf, executor of the will of Mary Fitzpatrick, deceased (and certain beneficiaries *643named in the will), for a declaratory judgment to construe a decree of the district court rendered in 1914, in an action for divorce brought by Mary Fitzpatrick against James Fitzpatrick, in which an absolute divorce was not granted but the property was divided, and to determine the effect of a will later made by Mary Fitzpatrick without the consent of her husband, James Fitzpatrick, by which she disposed of the property…