Aldrich v. Aldrich, 70.

• Decision Date: 22 December 1925
• Docket Number: No. 70.,70.
• Citation: 232 Mich. 695,206 N.W. 482
• Parties: ALDRICH v. ALDRICH.
• Court: Michigan Supreme Court

232 Mich. 695

206 N.W. 482

ALDRICH

v.ALDRICH.

No. 70.

Supreme Court of Michigan.

Dec. 22, 1925.

Appeal from Circuit Court, Wayne County, in Chancery; Clyde I. Webster, Judge.

Action for divorce by Thomas B. Aldrich against Fanny Aldrich. From an order granting petition for complainant to be relieved from payment of alimony, defendant appeals. Affirmed.

See, also, 166 Mich. 248, 131 N. W. 542.

Argued before McDONALD, C. J., and CLARK, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ.Ralph S. Moore, of Detroit, for appellant.

Lucking, Helfman, Lucking & Hanlon, of Detroit, for appellee.

BIRD, J.

Plaintiff filed his petition under C. L. 1915, § 11417, praying to be relieved from further compliance with a decree for alimony made in the Wayne circuit court in 1908.

The parties were married in 1893, and lived together until some time in 1908. There were two daughters born to them. In 1908 their disagreements culminated in a decree of divorce to the wife on her cross-bill. The terms of alimony were agreed upon by the parties and incorporated in the decree. It gave the custody of the young daughters to the mother, gave her all the household furniture, and provided that plaintiff should transfer to her 100 shares of stock of the Parke-Davis Company, subject to an incumbrance of $25 a share. It provided a payment of $125 a month, and further provided that plaintiff should take out a life insurance policy for $3,000, payable to defendant, at an annual cost of $60. These provisions were complied with until January, 1910, when plaintiff applied to the court for a modification of the provision for alimony. This petition was contested on the ground that the young daughters, who were of the ages of 13 and 16, were in school in Europe, and that defendant was in poor health and unable to support herself. At that time plaintiff was employed by Parke-Davis Company as an expert chemist, and was receiving $3,000 a year. About a year after the divorce plaintiff was remarried. After taking into consideration all of the circumstances, the trial court refused to modify the decree. On appeal to this court the monthly payment of $125 was reduced to $90, and the remainder of the decree was allowed to stand. 166 Mich. 248, 131 N. W. 542.

Plaintiff filed this petition in December, 1924, claiming the circumstances had so changed since 1910 that he ought to be relieved altogether from the payment of alimony. Defendant contested the petition, and after a very full hearing the trial court granted the prayer of plaintiff's petition. Defendant has appealed from that order, and claims that the amount of alimony should be increased rather than diminished, as plaintiff is now receiving $375 a month, and she is in poor health and is unable to support herself and needs medical attention. Plaintiff shows that when the decree was granted their two daughters were in school in Europe and had to be reared and educated; that defendant is now relieved of that duty, as both of the daughters were married and had homes of their own, in the city of Baltimore; one of the said daughters, however, is now deceased.

Pla...