Mcguire v. Mcguire

59 N.W.2d 336 (1953)

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Nature of the Case

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Facts

Lydia (W) and Charles (H) were married in 1919. W had been previously married, but her first husband died in 1914 leaving W and two daughters. P and each of the daughters inherited a one-third interest in the first husband's land in Dixon County. At the time of marriage to H, the daughters were 9 and 11. At the time of this action, W was 66 years of age and H was 80. No children were born to the parties during their marriage and H had no dependents other than W. For the last 3-4 years H had not given W any money nor provided her with clothing. From the facts in the casebook, H was basically a skinflint. The couple lived in the past, and most of the items that they had or used were antiquated, but the house did not have a bathroom nor an inside toilet. H owned 398 acres of land valued at $89,960 and had bank deposits totaling $12,786.81 and government bonds in the amount of $104,500. The income that H had at his disposal was $8-9,000 per year. A decree was rendered in favor of W for support and maintenance. H appealed.