Harris v. Harris

The defendant Elizabeth A. Harris filed an amended petition seeking to vacate a divorce decree which granted defendant’s husband Robert Allan Harris the divorce on his complaint and which also confirmed a marital settlement agreement. The parties were married in 1953. The decree was entered on October 5, 1973. Both the petition and the amended petition were filed within 30 days of the entry of the divorce decree. The husband, however, died on November 28,1973, without having responded to the amended petition, and his second wife was substituted in his behalf as executrix of his estate. The…