(Download) "Durfee v. Durfee" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Durfee v. Durfee
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RUGG, Chief Justice. This is an appeal from a decree entered by a probate court purporting to modify a decree of divorce entered
by a Rhode Island court in so far as that divorce decree related to the care, custody, education and maintenance of the minor
children of the petitioner and her former husband, William Durfee, Jr. (hereafter called the respondent), and ordering the
respondent to pay to the petitioner sums of money for the care, education and maintenance of these minor children. The respondent
contends (1) that the probate court had no jurisdiction over the petition because the children were not residents of this
commonwealth, and (2) that, as there was no personal service of process upon him by an officer, the probate court was without
jurisdiction to enter a decree against him respecting the payment of money. The evidence is reported in full. No request was made that the Judge file a statement of the material facts found by him
and no such statement was filed. The evidence would warrant a finding of these facts: The petitioner was born in this commonwealth
and lived here until her marriage. Thereafter she lived with the respondent for about fifteen years in Fall River in this
commonwealth; then they moved to Rhode Island. In a court of that state a libel for divorce was filed by her against the respondent,
on which a decree absolute was entered on October 14, 1932, dissolving the marriage on the ground of his extreme cruelty,
awarding the care and custody of the two minor children of the marriage to the petitioner, ordering the respondent to pay
to the petitioner a sum of money and to pay the cost of the education of the children at a school in Fall River and reasonable
bills for services of doctors and dentists, and providing that the respondent might visit his children and that they should
spend a part of their vacations with him. The petitioner continued to live in Providence, Rhode Island, until early in October,
1934, when she removed to Plainville in this commonwealth. In the fall of 1934 by agreement of the parents the elder daughter
was at a boarding school in Andover in this commonwealth and the younger daughter was attending the Fall River school as a
day pupil, spending four nights a week at the home of the respondent a short distance away in Tiverton, Rhode Island, and
the week ends with the petitioner, first in Providence and then in Plainville. The respondent lived in Tiverton and went daily
to his place of business in Fall River. The fair inference from the evidence is that the purpose of the petitioner in moving
to Plainville was to be nearer her daughter in Andover and to enjoy a more comfortable and commodious home than she was able
to afford in Providence.
 "Durfee v. Durfee" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free){kind=link}