Connelly v. Connelly

Grason, J., delivered the opinion of the Court. On July 19, 1940, Boyd S. Connelly filed in the Circuit Court of Baltimore City, a bill of complaint against his wife, Nola Frances Connelly, praying for a divorce a vinculo matrimonii, on the grounds of abandonment and desertion. On October 14, 1940, the chancellor passed a decree granting the divorce as prayed. On the 21st day of October, 1940, Connelly married Aurelia Dorothy Connelly (appellee), and on or about the 15th day of January, 1948, he entered the service of the United States Navy.

On February 6, 1945, the appellee filed proceedings in the United States District Court for the District of Columbia, praying a divorce a vinculo matrimonii from the said Boyd S. Connelly. This action abated by his death on July 4, 1945, while he was still in the United States Naval service. ⁸¹ On October 25, 1945, Nola Frances Connelly (appellant) filed a petition in this case. On June 28, 1946, she filed an amended petition, wherein she prayed: “ (a) That the decree of divorce A Vinculo Matrimonii in favor of Boyd S. Connelly from Nola Frances Connelly, passed herein on October 14, 1940, be set aside, vacated and annulled. “(b) That the said Petitioner, Nola Frances Connelly, be declared to be the widow and rightful heir at law of the said Boyd S. Connelly, thus entitled to share in the property rights of Boyd S. Connelly, as his widow. “(c) And for such other and further relief as the nature of this case may require.” On November 29, 1946, appellee filed an answer to the amended petition. Voluminous depositions were taken on behalf of the appellant at Huntington, West Virginia, and filed in this cause.

Thereafter testimony was taken before the chancellor. After a consideration of the depositions and testimony, and hearing the solicitors, the chancellor, on the 17th day of June, 1947, dismissed the amended petition of the appellant, with costs, and “Adjudged, Decreed and Declared that the said Aurelia Dorothy Connelly is the lawful widow and rightful heir-at-law of the said Boyd S. Connelly and is entitled to receive all the benefits due her as such lawful and legal widow.” From that decree the case comes here on appeal. The appellant married Connelly on June 1, 1923, at Catlettsburg, Kentucky, and lived continuously in Huntington, West Virginia, since 1930. Five children were born to them, three of whom survive, two boys who are now of age, and a daughter, Wanda Connelly, who at this time is about seventeen years of age.

The testimony shows Connelly was engaged in the roofing business, and between April, 1937, and July, 1939, was engaged in that business at Huntington, West Virginia. Frequently, however, . he would take work elsewhere, and he seems to have followed that occupation quite frequently in Washington, D. C. He was a man of little or no sense of responsibility to his wife and family. He left home when ⁸² he pleased, and returned when he pleased. The wife worked, and was the main support of the family.

During the war she worked continuously at a war plant. In May, 1940, he agreed, in writing, to pay the paltry sum of $10 a week to his wife, to be applied towards the maintenance of the family. The appellant states that she knew of a number of affairs he had with women. He went to Huntington, with appellee, on July 4, 1940.

He was not married to her at that time. He stopped at the home of his brother, Rex Connelly, for about four hours, where he left the appellee. He went to see the appellant. She testified that on that occasion he offered to give her $500 with which to get a divorce from him, and when the decree was signed he would pay her an additional $500.

This the appellant declined. ■ He returned to Washington from that trip, came to Baltimore on the 19th day of July, 1940, and instituted this case by the filing of his bill for divorce a vinculo matrimonii from the appellant. In his bill he stated that he married appellant on June 1, 1923, at Catlettsburg, Kentucky; that she is a non-resident of the City of Baltimore, State of Maryland; that he was a resident of the State of Maryland; that no children were born to the parties; that the defendant abandoned and deserted him on July 10, 1937, and that the abandonment and desertion continued uninterruptedly until the filing of this suit. An order of publication issued and a decree pro confesso obtained. It is conceded in this case that Connelly at that time was not a resident of Maryland; that three surviving children were born to him by the appellant, and that he married the appellee at Forest Villa, Maryland.

It is further conceded that Connelly died while in the service of the United States Navy; that no administrator of his estate has been appointed; that there is a claim for a widow’s pension from the United States, which his widow would be entitled to; that there is a severance pay of $328, which has been paid to appellee; that there is also approximately, in earned pay, the sum of $400 which the govern ⁸³ ment has not yet paid, having been notified of these proceedings; that this sum would be payable to Connelly’s widow; that Connelly, while in the service, purchased a life insurance policy in the amount of $10,000, payable to his daughter, Wanda Connelly, as beneficiary, but if she should die before receiving all installments payable under the policy, the next beneficiary would be his widow. It is conceded that Connelly, after he abandoned and deserted his wife and children, filed in this case a bill for absolute divorce against his wife, and made in that bill certain false and perjured allegations; and by false and perjured testimony deceived the court into believing the false allegations contained in his bill, and thereby procured a decree divorcing him a vinculo matrimonii from his wife. The appellee raises two questions: 1. Has the appellant “any ‘property rights’ by virtue of her status as the contingent beneficiary of the policy of insurance,