McGUIRE V. McGUIRE
59 N.W.2d 336 (1953)
NATURE OF THE CASE: Charles (H) former husband appealed an order, which entered an order
allowing Lydia (W) former wife to recover maintenance, support money, and attorneys' fees.
The trial court denied Hs motion for a new trial.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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