Matter of Estate of Gustafson

287 N.W.2d 700, 1980 N.D. LEXIS 192
CourtNorth Dakota Supreme Court
DecidedJanuary 10, 1980
DocketCiv. 9662
StatusPublished
Cited by20 cases

This text of 287 N.W.2d 700 (Matter of Estate of Gustafson) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Estate of Gustafson, 287 N.W.2d 700, 1980 N.D. LEXIS 192 (N.D. 1980).

Opinions

VANDE WALLE, Justice.

Alice L. Gustafson appeals from a judgment entered by the Stark County District Court on July 11, 1979, which reversed an order entered by the Stark County Court of Increased Jurisdiction granting Alice L. Gustafson a continuing claim against the estate of Earl R. Gustafson for alimony that had been awarded by the district court in a divorce proceeding.

The judgment of the district court is reversed and the case is remanded with direction to affirm the order of the Stark County Court of Increased Jurisdiction.

Alice Gustafson and Earl Gustafson were married in 1940 and were divorced on December 15, 1970. Prior to the divorce, the parties entered into a property-settlement agreement which was incorporated into the [701]*701judgment of divorce. This agreement provided that Alice Gustafson would receive the house, a car, $5,500 in exchange for her interest in a cabin site, and $325 per month as alimony. Earl Gustafson was to retain his interest in farm property that he had inherited from his father and his interest in Parkway Ford, Inc. The property was divided pursuant to the agreement and Earl began paying alimony. Following the divorce, Earl married Shirley Gustafson, who now serves as the personal representative of the estate.

Earl Gustafson made all alimony payments as required until he died. No alimony payments have been made since his death. Alice Gustafson filed a claim against Earl Gustafson’s estate, which was being probated in the Stark County Court of Increased Jurisdiction. Following a hearing, the Stark County Court entered an order directing that the alimony payments be made as a continuing charge against the estate.

Shirley Gustafson, as personal representative, appealed this order of the county court to the Stark County district court. The district court interpreted the judgment of divorce to mean that alimony payments would cease at Earl Gustafson’s death and reversed the order of the county court granting Alice Gustafson a continuing claim against Earl Gustafson’s estate for alimony.

Alice Gustafson now appeals from this judgment of the district court.

At common law, the death of the husband put an end to the payment of alimony in a divorce a mensa et thoro. The reason for this was that a divorce a mensa et thoro did not fully terminate the marriage relationship, but provided only for a separation from bed and board. The wife still retained all her marital interests in her husband’s property so that at his death the alimony was succeeded by the usually larger provision received from his estate. Storey v. Storey, 125 Ill. 608, 18 N.E. 329 (1888); 24 Am.Jur.2d, Divorce and Separation, § 525.

Under present North Dakota law, “The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons, . . . ” Sec. 14-05-02, N.D.C.C. Thus the parties by divorce give up the right they gained through marriage to share in the estate of their spouses. The surviving, spouse no longer receives by law a share of the decedent’s estate that would supersede alimony payments, so that the common-law rationale for denying alimony after the death of the husband no longer exists.

Whether or not alimony payments must terminate upon the husband’s death under present North Dakota law was considered in Stoutland v. Stoutland’s Estate, 103 N.W.2d 286 (N.D.1960). There, this court held:

“Where a divorce decree directs the defendant to pay monthly alimony to the plaintiff and provides ‘said payments to continue until the remarriage of said plaintiff or her death,’ without qualification, the payments accruing after the death of the defendant become payable out of the estate of defendant as they become due.” Syllabus, ¶ 4.1

In reaching the conclusion that the payments would not terminate upon the husband’s death, this court was mindful of the general rule that in the absence of an agreement between the parties or a statute providing otherwise, periodic payments of alimony terminate upon the husband’s death where the decree is silent as to the duration of those payments. In re Roberts’ Estate, 257 Iowa 1, 131 N.W.2d 458 (1964); North v. North, 339 Mo. 1226, 100 S.W.2d 582 (1936); 24 Am.Jur.2d, Divorce and Separation, §§ 642-643. But in Stoutland this court found statutory authority in Section 14-0524, N.D.R.C.1943,2 for allowing the [702]*702continuance of payment during the life of the recipient whether or not the party charged with making payments was alive.

The court went on to consider whether or not the divorce decree had indeed provided for the payment of alimony after the death of the husband by the inclusion in the decree of the phrase “said payments to continue until the remarriage of said plaintiff or her death.” In considering this phrase, the court discussed cases from several jurisdictions in which similar language was interpreted. The case of Farrington v. Boston Safe Deposit & Trust Co., 280 Mass. 121, 181 N.E. 779 (1932), was regarded as being directly in point. In interpreting similar language the Massachusetts court stated:

“In the case at bar, if the judge intended that payments were to cease with the death of the libellee, it would be assumed that he would not have included in the decree a phrase that the payments were to be made ‘during the term of her life,’ for it could not be contended that in the absence of such phrase they would continue after the libellant’s death, and hence its only function can be to show that the payments are to continue during the li-bellant’s life regardless of the death of the libellee. The language of the decree indicates an intent to bind the libellee’s estate. Many contracts are made wherein the predecessor is named without reference to heirs or assigns, yet it could not reasonably be contended that in case of his death his estate would not be bound. The intention of the judge in entering the decree in the present case was to allow the payments to continue during the li-bellant’s life. This purpose by reason of the death of the libellee can be carried out only by binding his estate.” 280 Mass. at 126-127, 181 N.E. at 781.

In view of the legislative authority provided by Section 14-0524, N.D.R.C.1943, and this court’s interpretation of the decree, it was concluded in Stoutland that the right to receive alimony payments did not terminate upon the death of the former husband.

In the case at hand, the provision relating to alimony was part of a property-settlement agreement entered into by Earl Gus-tafson and Alice Gustafson that was incorporated into the judgment of divorce. This agreement provided, in part:

“(6) That the Plaintiff as her share of the personal and real property of the marriage has exclusive title to the followr ing:

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Matter of Estate of Gustafson
287 N.W.2d 700 (North Dakota Supreme Court, 1980)

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Bluebook (online)
287 N.W.2d 700, 1980 N.D. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-estate-of-gustafson-nd-1980.