Show The e Herman J. J Christensen Estate The supreme supreme court yesterday reversed reversed re re- V versed the judgement of the Seventh District court inthe matter of the estate of Herman J. J Christensen n deceased The case is one in which the lower court refused to set aside certain J lain ain exempt property exempt property to the value L of ol Of for for the benefit of Hannah Christensen incompetent upon the petition of her guardian I Theodore E. E Christensen It at appears pears that Christensen at aiJi I Ik I i k his wife wile Hannah came cam across the plains to Salt Lake in 18 1853 3 En route Mrs Christ Christensen had a great reat deal of trouble as the result of her hus bus hust husbands husband's v t- bands band's attempt to get another wife and take her children from her Christensen married the second woman before reaching Salt Lake and the first wife's mind began to tobe tobe be affected After reaching the place Christensen started so-ith so with his first wife's children and I k a i tried to leave her behind She followed and clung to the wagon but was taken away after which Christensen went on his way with the children and wife No 2 This is said to have completely destroyed Mrs Christensen's mind but in her demented condition she followed her husband and children to Manti Upon her arrival there however she was not allowed to see her This aggravated her condition condition con con- and the children of the village nicknamed her Crazy Hannah a bishop of the Mor Mor- mon raon church at Spring City investigated investigated gated her condition and decided that she was possessed of devils After this decision Christensen sued her Aher for divorce in inthe the Probate Sanpete county and was a decree Christensen afterwards after after- wards married several other wor worren en It was upon this decree e that the administrator of Christensen's estate to defeat Mrs Christensen's claims and he was successful in the lower glower I court It was also claimed t l that Mrs Christensen subsequently married a man named Hathaway and this was was pleaded as an estoppel of of her right to attack attak the decree of the Probate court in the divorce case Under the circumstances of the case the the decree decree of divorce by the Probate court was void and upon the question of estoppel the court says An estoppel cannot be based on a void decree or judgement If the decree or judgement is simply voidable a different rule may be applied When the court ourt has juris jurisdiction jurisdiction diction of the subject matter of the suit and for the parties and the decree or judgement may be reversed or set aside for fer error or I if f the defendant waives his right to todo todo do so by executing or accepting it he will be stopped from den denying ing its binding effect but when such a judgement is void for any reason he be would not be estopped The void decree in controversy was obtained w by the dec decedent dent when he knew he was not entitled to it The evidence e is conclusive that about a year before the divorce he married a young girl and in view of 01 that fact his lawful wife wile had a court defense defense to to a divorce at his bis instance Besides he had deserted and abando abandoned ed his wife and had taken her children from her under circumstances so cruel and hard as asto asto asto to overthrow her reason Under such circumstances there is no leg legal l rule or equitable principle that would have permitted the decedent during his life time to be divorced t from om her because of oC her imbecility or misconduct which his unkind and nd od inhuman treatment brought about Nor can his administrator or heirs it 1 F.- F. fl O 1 1 t f Pi Ji t 1 J c rely upon it to defeat her rights rights as his widow She is not responsible for t the e void decree nor does it appear that she consented to it In her forlorn wretched and pitiable condition she did say that she did not want a divorce and it appears from the evidence that from Irom that day she has been incapable of forming forming form form- ing a rational conclusion with res respect respect respect to the consequences and effects of her own actions Owing to the peculiar stances of the case we e are of 01 the opinion that the petitioners petitioner's right to 0 toan o oan an interest in decedents decedent's estate est ite has survived notwithstanding the statute of limitations and the lapse of time and that this aged woman with her herI I physical and mental infirmities is entitled as his widow to an interest in in decedents decedent's estate and to whatever what ever comfort it may afford her during dur duro in ing the remainder of her days The order of the ourt is that Mrs Christenson be recognized as the lawful widow of the deceased and that the rights of the respective parties found fo have an interest in inthe inthe inthe the estate be adjudicated and payment or distribution be made accordingly The opinion is written by Chief Justice Zane and Justices Bartch and Miner concur Tribune Tribune |