Williams v. Kilburn

• Decision Date: 13 November 1891
• Citation: 88 Mich. 279,50 N.W. 293
• Court: Michigan Supreme Court
• Parties: WILLIAMS v. KILBURN.

50 N.W. 293

88 Mich. 279

WILLIAMS v. KILBURN.

Supreme Court of Michigan

November 13, 1891

Error to circuit court, Shiawassie county; WILLIAM NEWTON, Judge.

Action by Mary J. Williams against Newel Kilburn for breach of promise to marry. From a judgment sustaining a demurrer to plaintiff's declaration and dismissing the action plaintiff appealed. Affirmed.

A R. McBride and Walter McBride, for appellant.

A L. Chandler, for appellee.

MCGRATH, J.

Plaintiff commenced by capias. In the affidavit therefor she sets forth that in 1878 she married one Williams, who became a common drunkard, and abandoned her; that in April, 1886 defendant offered to pay all expenses of a divorce for her if plaintiff would marry him after such divorce was obtained. Defendant said to her that he had $2,000 in cash, and some personal property, together with a life-lease of 40 acres of land, all of which would be used for their support during his life, and at his death would go to plaintiff; that, after repeated entreaties, plaintiff consented to marry him; that plaintiff then made application for a divorce from Williams that in June, 1886, at defendant's earnest entreaty plaintiff and defendant were married; that it was then agreed that plaintiff and defendant should not live or cohabit together until after plaintiff had obtained her divorce; that in September, 1886, the divorce was granted; that thereupon defendant wanted plaintiff to live and cohabit with him, but plaintiff refused for some time, insisting upon another marriage ceremony; that defendant advised her that he had consulted good counsel, and that another marriage was not necessary, and "to show her that he was in earnest he would immediately go with her to a lawyer, and have his will made, giving this deponent all of his property, which was expected to consist of the $2,000 he then had in the bank and the avails of his horse and carriage; and that he would give such will to this deponent for safe-keeping, so that it could neither be lost nor destroyed without deponent's consent and he did actually go with this deponent to an attorney and have his will made, giving this deponent all his property; in said will calling this deponent his beloved wife, and handed the same to this deponent. This deponent, then and there believing and relying upon the statements of said Kilburn, took him home with her to live as husband and wife, where he stayed, treating this...