Engelman v. Engelman

181 N.W. 33, 213 Mich. 86, 1921 Mich. LEXIS 532
CourtMichigan Supreme Court
DecidedFebruary 3, 1921
DocketDocket No. 76
StatusPublished
Cited by2 cases

This text of 181 N.W. 33 (Engelman v. Engelman) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Engelman v. Engelman, 181 N.W. 33, 213 Mich. 86, 1921 Mich. LEXIS 532 (Mich. 1921).

Opinion

Stone, J.

This case is here upon appeal by the defendant from an order of the circuit court for the [87]*87county of Wayne, in chancery, dated June 5, 1919, granting the petition of plaintiff for a modification of a decree for the payment of alimony. On February 11, 1914, the plaintiff obtained a decree of absolute divorce from the defendant upon the ground of extreme cruelty. The record shows that there are 7 children of the parties, 4 of whom were minors at the time of the granting of the original decree. By the terms of the original decree the plaintiff was awarded the custody and control of the three youngest children, to wit, Francis, Marion, and Gertrude, until the further order of the court. It was also thereby ordered that the defendant pay, or cause to be paid, to the plaintiff as and for the maintenance, support and education of each of the said 3 minor children the sum of $7.50 per month, or a total of $22.50 per month, in advance, on the first day of each month thereafter, so long as they should respectively remain in her custody or were dependent upon her, and until the further order of the court. The defendant was given the right to visit, take and entertain said children at reasonable times and places, and to have the custody of the boy, Francis, during the months of July and August of each year, until the further order of the court. As permanent alimony and in lieu of all dower, homestead and other property rights which the plaintiff might have against the defendant, or in his property both real and personal, she was awarded and defendant was ordered, adjudged and decreed to deliver, turn over and pay to plaintiff the same as follows:

(a.) The absolute title to an undivided two-fifths interest in the fee of the homestead of the parties thereto, then occupied by the plaintiff, which premises were known as 1297 Helen avenue, in the city of Detroit, and were particularly described in the decree.

(6) The exclusive right to the use and occupation of the remaining three-fifths interest of said premises, [88]*88terminable upon plaintiffs death, remarriage, or by valid agreement of the parties.

(c) The exclusive use until the further order of the court of all the household furniture in the homestead, except in the personal paraphernalia and wearing apparel of defendant.

(d) It was ordered that the legal title to the said furniture so used by plaintiff should vest equally in the parties, subject to the aforesaid right of occupancy by plaintiff, the survivor to take the whole.

(e) The defendant was ordered to pay to plaintiff $22.50 monthly in advance on the first day of each month thereafter so long as plaintiff remained unmarried.

(/) The taxes and all other charges against the aforesaid homestead premises accruing prior to December 15, 1913, the defendant was ordered and decreed to pay, or cause to be paid, within the space of two months, and that plaintiff should pay all of said charges thereafter.

(g) The defendant was to pay the sum of $200 as, and for, the cost of renewing the roof upon said homestead premises, said sum to be payable one-half in 30 days and one-half in 60 days. The defendant was ordered to execute and deliver to plaintiff proper deeds and other instruments conveying to her title to the property and interests awarded to her, and that in default thereof the decree should stand as such instrument. Plaintiff was to have a lien upon defendant’s interest in the aforesaid homestead premises to secure to her the performance by him of each and every part of the decree.

In June, 1918, plaintiff filed a petition for the modification of this decree, setting forth certain changes both in her own condition and that of her children; also that defendant had inherited property since the date of the final decree of the value of from $8,000 [89]*89to $10,000. To be more specific, it should be stated that the petition represented that the homestead premises consists of a lot 35 feet wide by 104 feet long upon which there is a frame dwelling of one and one-half stories, which was then about 30 years old and was in a state of extreme dilapidation and lack of repair, although it was alleged that petitioner had herself spent all of the money she could possibly spare in keeping the same in repair, besides herself doing a great deal of personal work upon the house in the way of painting, papering, etc. It was further alleged that the premises were constantly becoming moré dilapidated and expensive to maintain, and furnishing less and less of the protection to petitioner which said decree intended her to have.

As to the condition of the children the following appears in the petition:

“(3) While the children mentioned in said decree belonging to the parties were not in strong or robust health at the time said decree was rendered, the physical and mental condition of certain of them has steadily grown worse since the custody of same was awarded your petitioner.
“As your petitioner is informed, and believes, certain hereditary constitutional tendencies, for which your petitioner is not to blame, have caused said children to be afflicted in various ways. Since the rendition of said decree one of the children of the parties hereto has been adjudged insane, and is now confined in the Michigan State hospital at Pontiac, Michigan. The ill-health and crippled condition of Francis,' another of the children of the parties, has continued, although he is now able to earn a certain amount of wages. Marion, another of said children, has for some time last past been insane and physically ill as well. In the effort to keep her physically well, and preserve her reason, your petitioner has been compelled to incur large and unexpected expense for physicians and medical attendance and medicines, and has been compelled to devote much of her own time and nervous [90]*90force to her care. And your petitioner has been informed by the physician in attendance upon said daughter, that while they hope for her restoration, nevertheless her illness will probably be long, tedious and expensive.
“ (4) Since said decree was signed and filed, the cost of living has very nearly trebled, and it is now impossible for your petitioner, even with such help as has been heretofore given her by her sons, Verne and Francis, to longer maintain herself and said children comfortably unless the relief herein prayed for is awarded her.
“(5) Her son, Verne Engelman, has recently been drafted, and has been examined and accepted for membership in the United States army, and is liable at any time to be ordered from home, and thereby your petitioner will be entirely deprived of his contributions.
“(6) The nervous and physical force and strength of your petitioner is gradually wearing out under the continued strain of the illness of their children herein-before referred to, and unless some relief is afforded her she has been warned by her physician that her health will be broken down entirely, and said children will lose her care.
“(7) Since the rendition of said decree, defendant, by the death of his mother, has come into possession of a large amount of property, which your petitioner is informed and believes, aggregates ten thousand dollars ($10,000) and is in better position to care for his said children than he was at the time said decree was rendered.

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Bluebook (online)
181 N.W. 33, 213 Mich. 86, 1921 Mich. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engelman-v-engelman-mich-1921.