Spanish Fork Press | 1908-02-06 | Page 4 | Finds Michigan Divorce Void

FINDS MICHIGAN DIVORCE VOID New York Court of Appeals Decides a Complicated Suit Now YorlThe court of appeals has decided In a somewhat complicated compli-cated suit that a decree of divorce given In Michigan when one party Is a resident of New York and Is served only by publication Is not legal In Now York state The case It Is said will go up to the United States supreme su-preme court I Silas Olmstead who lived In Tarry town died and left an estate of 8 000 to be divided between his two sons or their lawful heirs One of the sons Benjamin F Olmstead married mar-ried in 1850 Mary Jane Olmstoad and by her had four children In 1870 Oltnstead went to New Jersey his wife remaining In Now York In1874 without obtaining a divorce ho went through a marriage ceremony with Earah Louise Welch Two sons wero born to her Later they went to Mich igan where Olmstead secured a dl orco from his New York wife by default de-fault the summons having been served by publication All the principals died and the four New York children began a suit to have the two Michigan children excluded ex-cluded from participation In the estate es-tate on the ground thoy were not lawful law-ful issue Tho amount at stake Is only 4000 I