Young v. Young

224 N.W.2d 361, 192 Neb. 735, 1974 Neb. LEXIS 786
CourtNebraska Supreme Court
DecidedDecember 19, 1974
Docket39442
StatusPublished
Cited by4 cases

This text of 224 N.W.2d 361 (Young v. Young) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Young, 224 N.W.2d 361, 192 Neb. 735, 1974 Neb. LEXIS 786 (Neb. 1974).

Opinion

Spencer, J.

This is a divorce action. The only questions raised deal with the propriety of the division of property and allowance of alimony and child support. We affirm the judgment as modified.

Emerson D. Young, Jr., and Willie Podesta were married at Chanute Air Force Base, August 8, 1969. Emerson is now a major in the United States Air Force, stationed at Offutt Air Force Base. Both parties had been married previously. Emerson is paying $130 per month for the support of a child adopted during his previous marriage. Willie had a child by her previous marriage who also was adopted by Emerson. This child was 8 years old at the time of the hearing. The petition for divorce was filed July 20, 1973, and was heard in October 1973. There is no question this marriage of less than 4 years was irretrievably broken. The husband testified: “There really hasn’t been a marriage for the last two years.”

The record reveals the property brought into the mar *736 riage by each, of the parties, and its value at is as follows: that time,

EMERSON:

Stock in Young’s Department Store, Inc.,

Mattoon, Illinois $ 5,810.00

House, 701 East Patton Drive,

Papillion, Nebraska 30,000.00

Car, 1965 Chevrolet 800.00

Household goods 6.412.00

Cash 1.100.00

Gross value of property: $44,122.00

Indebtedness:

First National Bank, Mattoon, Illinois $' 1,500.00

Mortgage on 701 East Patton Drive,

Papillion, Nebraska 24,171.00

Total indebtedness: $25,671.00

Net equity in property at time

of marriage: $18,451.00

WILLIE:

Rental property, 1505 Wabash Avenue,

Mattoon, Illinois $20,000.00

Jewelry and clothing 8,800.00

First National Bank, Mattoon, Illinois 400.00

Stock, Airlift International — 100 shares 769.00

Car, Plymouth 1.500.00

Household goods 6.785.00

Gross value of property: $38,254.00

First National Bank of Mattoon, Illinois 1,500.00

Mortgage on 1505 Wabash Avenue,

Mattoon, Illinois 18,000.00

Total indebtedness: $19,500.00

Net equity in property at time of marriage: $18,754.00

*737 At the time of the divorce the parties still had the following property, the values indicated being the values at the time of the divorce:

Stock in Young’s Department Store $ 5,810.00

House, Papillion, Nebraska 38,000.00

Car, 1965 Chevrolet $ 200.00

Household goods 4,798.00

Gross value of property at time of divorce: $48,808.00

First National Bank, Mattoon, Illinois 800.00

Mortgages on Papillion property 26,670.00

Total indebtedness: $27,470.00

Net value: $21,338.00

1505 Wabash Avenue, Mattoon, Illinois $28,000.00

Jewelry and clothing 6,500.00

Cash, First National Bank, Mattoon, Illinois 1,344.00

Stocky Airlift International — 100 shares 50.00

Coles National Bank shares 180.00

Household goods 1,236.00

Gross value of property $37,310.00

Mattoon, Illinois 8,955.25

Net value at time of divorce: $28,354.75

In addition thereto, the parties had the following property acquired during the marriage:

C. D., Bank of Bellevue, Nebraska $ 500.00

175 shares, John Hancock Company 4,331.00

Coles National Bank stock 165.00

Joint account, Bank of Bellevue 50.00

*738 Personal account, Bank of Bellevue 30.00

Personal account, Harlingen National Bank 15.00

Business account 250.00

Business account 1,500.00

1973 Mercury 3,800.00

Commercial building, 1624 Broadway Avenue, Mattoon, Illinois 27,000.00

Household goods 3,960.00

Total: $41,601.00

Mortgage on 1624 Broadway Avenue,

Mattoon, Illinois $22,193.00

Mrs. Emerson D. Young, Sr. — money borrowed on note for downpayment on 1624 Broadway Avenue, Mattoon, Illinois 5,700.00

Total indebtedness: $27,893.00

Current equity at time of divorce • $13,708.00

Subtracting the indebtedness, there would be a combined total net estate of $64,220.75.

The District Court awarded Emerson:

1965 Chevrolet $ 200.00

Commercial property, 1624 Broadway Avenue, Mattoon, Illinois 27,000.00

Stock in Young’s Department Store 5,810.00

Personal items and household goods 5,858.00

Certificate of deposit and bank accounts 845.00

Gross value of property awarded to Emerson: $39,713.00

Encumbrance on commercial property, 1624 Broadway Avenue, Mattoon, Illinois, and note for downpayment 27,893.00

Net value of property awarded Emerson: $11,820.00

*739 The District Court awarded Willie:

Papillion residence $38,000.00

Commercial building, 1505 Wabash Avenue,

Mattoon, Illinois 28,000.00

John Hancock fund — 175 shares 4.331.00

Personal items and household goods 12,395.00

Bank account 1.500.00

Gross value $88,026.00

Subject to encumbrances of: 35,625.25

Leaving a net value of property award to Willie: $52,400.75'

Of a net estate of $64,220.75, the wife was awarded $52,400.75, or approximately 81 percent. In addition, the trial court awarded to the wife $6,000 alimony, payable at the rate of $250 per month; $300 per month child support for 6 months, and $250 per month thereafter; $1,250 attorneys’ fee, in addition to a $175 temporary allowance; and defendant was directed to maintain a $10,000 insurance policy on his life, naming the child of the parties as the beneficiary.

Analyzing the above figures, it' is obvious, in the absence of some extenuating circumstances, that the property award to the wife is excessive. Except for the Papillion residence, which was titled in Emerson’s name, the trial court gave the parties substantially the property they brought into the marriage.

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Bluebook (online)
224 N.W.2d 361, 192 Neb. 735, 1974 Neb. LEXIS 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-young-neb-1974.