IN RE HIGHGATE ESTATE

Docket No. 67805.

133 Mich. App. 32 (1984)

348 N.W.2d 31

In re HIGHGATE ESTATE BONDS v. HIGHGATE

Michigan Court of Appeals.

Decided March 20, 1984.


Attorney(s) appearing for the Case

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Granner S. Ries), for appellee.

Stalburg & Laritz, P.C. (by Mary Beth Leija), for appellants.

Before: SHEPHERD, P.J., and BRONSON and M. WARSHAWSKY, JJ.


SHEPHERD, P.J.

This case raises the issue of whether a foreign final judgment of legal separation, which includes a property settlement, prevents the wife from being adjudicated in Michigan the surviving spouse of the deceased husband who died prior to entry of a final judgment of divorce in the foreign divorce action. Under the circumstances of this case, we hold that the wife is not a surviving spouse and is limited to receiving that which was awarded to her under...

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