In re the Marriage of: Thomas Eldon Dillon and Dorothy Ann Clark
34158-5
| Wash. Ct. App. | Jul 13, 2017Background
- Thomas E. Dillon (petitioner) and Dorothy Clark married in Dec. 2008 after signing a prenuptial agreement that provided certain property would pass to Clark if they remained married at Dillon’s death.
- Dillon, diagnosed terminally ill, filed for dissolution and changed his will to disinherit Clark; he died 39 days after filing (within the 90-day waiting period).
- Sandra Saffran, Dillon’s daughter and personal representative of his estate, moved to substitute the estate as petitioner to continue the dissolution.
- A court commissioner ruled the dissolution action abated on Dillon’s death; the superior court denied the estate’s motion to revise that ruling.
- The estate appealed, arguing equitable exceptions (citing Himes) and RCW 4.20.050 would allow continuation because property interests survive death.
- The trial court and appellate panel concluded the action abated and substitution was improper because the marital status ended on Dillon’s death and no judgment previously existed to attack.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the estate may be substituted to continue a pending dissolution after petitioner’s death | Estate: equitable exceptions (Himes) and survivorship statute permit continuing the action to resolve property distribution | Respondent: death abates dissolution actions; substitution cannot revive marital status or continue action | Court held: death abated the action; substitution denied and dismissal affirmed |
Key Cases Cited
- Osborne v. Osborne, 60 Wn.2d 163 (recognizes divorce actions abate on death of a party)
- Dwyer v. Nolan, 40 Wash. 459 (early precedent that death eliminated subject matter of divorce action)
- In re Marriage of Himes, 136 Wn.2d 707 (equitable relief allowed to attack a prior dissolution judgment in limited circumstances)
- In re Marriage of Pratt, 99 Wn.2d 905 (abatement applies where no final judgment was subject to attack)
- In re Marriage of Fiorito, 112 Wn. App. 657 (allowed post-death attack on nonfinal judgment where equitable grounds and significant third-party interests existed)