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NESTER v. NESTER. (03/17/64)

March 17, 1964

NESTER, APPELLANT,
v.
NESTER.



Appeal, No. 221 Oct. T., 1963, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1961, No. 4654, in case of Frances E. Nester v. Leonard M. Nester. Order affirmed; reargument refused April 9, 1964.

COUNSEL

Alexander Schamban, for appellant.

Charles L. Guerin, Jr., for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 202 Pa. Super. Page 635]

OPINION BY MONTGOMERY, J.

In this action for a divorce a.v.m. instituted by the wife, Frances E. Nester (appellant), we have reviewed

[ 202 Pa. Super. Page 636]

    the record and are led to the same conclusion as that reached by the lower court, that this record does not support a decree in appellant's favor although one was recommended by the master.

The parties were married in 1941 and lived together until March 23, 1961, when appellant left the home which was owned by them as tenants by the entirety. They had maintained the marital status and occupied the same bedroom until a few months before the separation.

Appellant was a widow and had a daughter eight months old when she married the appellee. This was the first marriage for appellee. Appellant bore him two children, a son and a daughter. All of the children were raised together in the home established by appellee. As a fireman for the City of Philadelphia most of his married life, appellee earned in the early years about $1,800 per year, but later earned as much as $4,900, from which earnings he paid the mortgage on the home, taxes, insurance, repairs, utilities, etc., and gave appellant $30 per week on an average and about $5 per week to the children as an allowance when they were in attendance at school. The family owned a car, the first one bought in 1954 and a new one in 1959. They also owned the usual household necessities of the day, an AM and FM radio, electric refrigerator, etc., which were bought by appellee. He did not lavish gifts on his wife but made it a practice to give her money at Christmas and on other occasions. Beginning in 1950 she was regularly employed as a record clerk at Temple University Dental School where she earned about $280 per month, which she retained for her personal use and household purposes, spending part of it in the purchase of the 1959 automobile aforesaid. At the time of the hearing appellee was on a retirement pension of $218 per month but had new employment as a guard at the Fidelity-Philadelphia Trust Company

[ 202 Pa. Super. Page 637]

    on Broad Street. During his married life appellee accumulated about $5,000 in bank deposits, one half of which was in an account in their joint names, and $400 in United States Savings Bonds, in addition to buying a home and furnishing it. He also maintained ...


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