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McGuire v. McGuire

Supreme Court of Nebraska
59 N.W.2d 336 (1953)


Facts

Lydia McGuire (plaintiff), after being widowed with two daughters, married Charles McGuire (defendant) in 1919. Mrs. McGuire knew when she married Mr. McGuire that he was an extremely frugal man. She came to the marriage in possession of 80 acres of land from which she collected rent that she kept as her own. During the marriage, Mr. McGuire rarely gave Mrs. McGuire any money. She purchased groceries and items for herself by selling poultry and eggs. Mr. McGuire contributed to furnishing the house very simply. It was equipped with electricity and a stove but without a bathroom. Together, the couple helped to fund the education of Mrs. McGuire’s daughters, both of whom eventually married. In her old age, Mrs. McGuire lost the ability to make money through raising chickens. Mr. McGuire paid for three surgeries that she required but would not pay for new household furnishings or other items that Mrs. McGuire believed they needed. His financial assets were fairly substantial, but he refused to disclose them to Mrs. McGuire. Without filing for separation or divorce, Mrs. McGuire sued her husband for support and maintenance. The trial court ruled in her favor, and Mr. McGuire appealed.

Rule of Law

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Issue

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Holding and Reasoning (Messmore, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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