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APPLETON v. APPLETON. (11/11/59)

November 11, 1959

APPLETON, APPELLANT,
v.
APPLETON.



Appeal, No. 273, Oct. T., 1959, from order of Court of Common Pleas of Chester County, May T., 1957, No. 69, in case of Loraine Chadeayne Sinsabaugh Appleton v. William Channing Appleton. Order modified.

COUNSEL

Laurence H. Eldredge, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Watkins

[ 191 Pa. Super. Page 97]

OPINION BY WATKINS, J.

This is an appeal from the order of the court below in fixing the monthly payment of alimony in the sum of $36.80 in conjunction with the granting of a decree in divorce a mensa et thoro.

The appellant Loraine C.S. Appleton married the appellee William C. Appleton on March 24, 1934. Since 1941 and until their separation they resided at a jointly owned farm in Birmington Township, R.D. No. 5, West Chester, Chester County, Pennsylvania. They have four children, two girls, now of age and married, and two boys, William C. Jr., 13 and John 10 years of age. The boys live with their mother. The girls have their own homes. The appellee left his wife on April 12, 1957 and secured an ex parte Mexican divorce. On November 23, 1957 the appellee married Doryce Dane and they live in Wilmington, Delaware. The appellant is 51 years of age; the appellee 62. The master recommended the divorce a mensa et thoro on the ground of indignities to the person, on December 3, 1958 and the court granted the decree on April 13, 1959.

Until July 1958 when appellee was dismissed as president of Delaware Mills, Inc., the parties to this action enjoyed the fruits of prosperity since their marriage on March 24, 1934. Appellee displayed exceptional ability as a business executive and commanded an income ranging from $35,822.30 in 1957 to more than $100,000 in prior years. This situation has changed drastically since July 1958, as the appellee is now unemployed and suffered a slight stroke in the interim. The present circumstances of appellee are

[ 191 Pa. Super. Page 98]

    not as a result of any misdoing on his part, but are a part of the fortunes of business war. The appellee is possessed of a sizeable estate, however, the greater portion of it is pledged as security for loans made by appellee prior to this proceeding, in the ordinary course of business and in the conduct of his family affairs.

The income of appellee at the time of hearing from all sources was:

Equitable Life Annuity $3067.92

American Viscose Pension ...


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