(Download) "George T. Leclerc (Olive Leclerc v. Emelda" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: George T. Leclerc (Olive Leclerc v. Emelda
- Author : Court of Appeals of New York
- Release Date : January 07, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
It is well settled law that divorce proceedings abate upon the death of either of the parties. Kimball v. Kimball, 44 N.H. 122; s. c.82 Am. Dec. 194 and Note. Rollins v. Gould , 244 Mass. 270; 9 R. C. L. Tit., Divorce and Separation , s. 214. "And this effect must extend to whatever is identified with those proceedings." McCurley v. McCurley, 60 Md. 185. How far, if at all, this rule may be subject to limitations and exceptions is a difficult question which we need not consider in detail at this time (see 9 R. C. L. ubi cit.), for under none of the limitations or exceptions suggested or established by the authorities elsewhere could a divorce proceeding be kept alive after the death of one party for the purpose of dealing with a new situation brought about solely by such death. It is also clear, we think, that the statutory provision for revision and modification of orders in divorce cases (P. L., c. 287, s. 12), does not weaken the force of the foregoing principle so far as orders relating to custody are concerned.
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