Mercur Miner | 1908-02-05 | Page 5 | Finds Michigan Divorce Void

FINDS MICHIGAN Di VORCE VOID New York Court of Appeals Decides a Complicated Suit. Now York. Th court ot appeals had decided, in a somewhat complicated compli-cated suit, that a decroe of divorce given In Mlohlgan when ono party Is a re8ldont if Now York and Is served only hy publication, is not legal In Nw York statu. Tho case, It Is said, will go up to tho United Stato supremo su-premo court. Silas Olmstoad. who lived In Tarry-town, Tarry-town, died nnd left on estate of 8-000, 8-000, to be divided between his two tons or tholr "lawful heirs." Ono ot the iimi. Ilonjtmln F Oltnstend, mar-rlod mar-rlod li 18B0 M&ry June Olmstead and by her had four children In 1870 OluiBteftd want to New Jorsoy, his wife romalnliiK In Now York. In 1871. without obUlRlBg a dlvorec, ho wont through a marriage ceremony with Barah Imlso Weloh. Two sons wore boru to hor. Later thoy went to Mich- Igtm, whore Olmstoad secured n dl- Cljfl vorro from his New York wife by de- H fault, the summons having been H served by publication. H All the principals died and tho four H New York ehiidruu -began a suit to H ?iuvo tho two Michigan children ax- H eluded from participation 1' "ni us- H tnte on the ground they wot , "law- H ful Issue." Tho amount at stako la H only $1,000. H