131 Ky. 395 | Ky. Ct. App. | 1909
Plaintiff, Matilda W. Gorbrandt, instituted this action against William G. Gorbrandt for alimony. Defendant denied tbe allegations of the petition, and in an amended and supplemental answer charged that the plaintiff without fault on his part abandoned him, and asked that he be granted a divorce from her. The chancellor awarded plaintiff alimony in the sum of $20 per month, and directed that the defendant pay the costs of the action, including plaintiff’s attorney’s fee of $500. The divorce sought by the defendant was denied, and plaintiff and defendant both appeal.
The ground of plaintiff’s complaint was that thq defendant acted toward her in such a cruel and inhuman manner as to indicate a settled aversion to her, and to destroy permanently her peace and happiness; that she was subjected to continual mortification of mind by reason of the negligence, disdain, and contentious conduct of defendant and his adult daughter towards her and her child; that, when she moved to defendant’s home, her position therein was made so disagreeable that she was compelled to, and did, leave defendant’s home on the 30th day of January, 1906. At the time of their marriage the plaintiff was a widow; her husband having been dead about two years. She had three children, two of whom were grown, and the other was a young girl about 15 years old. Plaintiff never had any estate, but lived in humble quarters in the city of Louisville, and was dependent upon her brother and her grown son, each of whom contributed to her support. De
Prior to their marriage the defendant wrote plaintiff the following letter: “Ankerich,- Ky. 1905. My Dearest Friend, Mlrs. T. Wheppler: I thought I would drop you a few lines to let you know I am feeling bad and got a bad eye so I can’t rest of night but I hope when these few lines reaches you will find you all right well and feeling good but that isn’t the case with me at present times I am thisgusted and got the bloos wery much from the news that I have heard lately should been said by some of your friends said that Mrs. T. Wheppler hasent been well for several years and is subect of Rumatisam every winter and every time get damp feet and my children found out that I am awaiting on.you says papa don’t mairey no woman with children whatever you do, dear brother Will don’t you know what for a time you have had with meale [his first wife] for leven years sick and no pease after all the hard work you don. M.y dear friend Wkepler you don’t know how bad. I feel over all this news I have heard here lately is enuf to make sick give me bloos you know that I would never want to go threw what I went true with in the
It is insisted by counsel for appellee that it was defendant’s purpose from the day he received the letter threatening to sue him for damages for breach of promise to marry plaintiff and thereafter make it so unpleasant for her that she would be forced to leave his home; that this purpose is shown by defendant’s subsequent conduct. In our opinion it is just as reasonable to suppose that, plaintiff desired to obtain defendant’s money rather than to marry him. She first threatened him with suit for damages for failure to carry out his marriage contract, and, when he married her, she left his home in about two months, and instituted this action for alimony However this may be, the merits of the contentions
We have carefully read the entire record for the purpose of ascertaining whether there was any evidence of any act or speech on the part of the defendant bordering on cruelty or harshness towards the plaintiff. There is absolutely nothing that could be construed into harshness or cruelty. Doubtless it is true that the defendant was not demonstrative towards the plaintiff; that he did not show that affection and tenderness which are characteristic of youth. This, however, could hardly have been expected. When two people, past the meridian of life, who have each been married before and reared a family, again marry, it is altogether improbable that they will change their manner and habits of living. No doubt the defendant in this case was set in his ways. Ho lived a simple life. His pleasures were few. He found them among his children and in playing simple games of cards with them or with his tenants. Upon his marriage he did not immediately change his manner of living. 'Plaintiff did not stay long enough to see whether or not she could effect a change. She remained at defendant’s Pome only two months. Perhaps if she had remained longer, and shown that she was pleased to be a member of his household, he might have been able to conform his life to her ideas. Old age is seldom demonstrative except towards those who have long been a part of its life. When people marry under such circumstances, they do so with the full knowledge that the
Being of the opinion that plaintiff left defendant’s home without fault on his part, and that he in good faith sought to have her return, we think defendant on his answer and counterclaim is entitled to a divorce from plaintiff.
. For the reasons given, judgment on the cross-appeal is áffirmed,' and judgment on original appeal is reversed, and cause remanded for proceedings consistent with this opinion.