Wilde v. Wilde
| Decision Date | 04 March 1966 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | John R. WILDE v. Laura M. WILDE (and companion cases 1 ). |
John F. Lombard, Boston, for John R. Wilde.
Richard D. Leggat, Boston, for Laura M. Wilde.
Before WILKINS, C. J., and WHITTEMORE, CUTTER, KIRK and REARDON, JJ.
A libel for divorce and three petitions were filed in the Probate Court involving the marital relation, and incidents thereto, of John and Laura Wilde, husband and wife. Decrees were entered on the libel and on the petitions. John has appealed three of the four decrees all of which were entered on July 6, 1964. There is no appeal by Laura from any of these decrees. On November 22, 1963, John filed a libel for divorce against Laura for cruel and abusive treatment. On December 13, 1963, Laura sought an order to restrain John from dealing with bank accounts and securities held in their names jointly and to have him account for and deliver to her fifty per cent of all such holdings. On January 16, 1964, John brought a petition in equity to determine title to personal property, including household furnishings and the jointly held securities and bank accounts. Finally, on April 16, 1964, Laura petitioned for separate support, alleging that she was living apart from John for justifiable cause.
The judge dismissed John's libel for divorce. John appealed. The evidence is reported. It was oral and conflicting. The judge made a report of material facts. He apparently believed one spouse rather than the other. We cannot say that he was plainly wrong. Hiller v. Hiller, 305 Mass. 163, 165, 25 N.E.2d 163; Hamilton v. Himilton, 325 Mass. 278, 279, 90 N.E.2d 322, and cases cited.
On Laura's petition for separate support, the evidence is reported. The judge made findings of fact. He allowed Laura $100 a week for herself and her minor daughter, along with all medical, dental, hospital, fuel, Mortgage and real property tax expenses. This determination rests in the judge's discretion as exercised in light of all the circumstances attending the husband's worth and the wife's legitimate needs. Wilson v. Wilson, 329 Mass. 208, 211, 107 N.E.2d 195. We cannot say that he was plainly wrong in the exercise of his discretion. Klar v. Klar, 322 Mass. 59, 60, 76 N.E.2d 5. Compare Hillery v. Hillery, 342 Mass. 371, 173 N.E.2d 269.
John has appealed from the decree dismissing his petition for a determination of his ownership of bank accounts, securities and household furnishings. This decree, on its face, is inconsistent with the unappealed dismissal of Laura's equity petition against John in so far as both petitions affected jointly held bank accounts and securities. Our examination of...
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