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ALDRICH V. ALDRICH, 378 U. S. 540 (1964)

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U.S. Supreme Court

Aldrich v. Aldrich, 378 U.S. 540 (1964)

Aldrich v. Aldrich

No. 55

Argued October 24, 1963

Decided November 12, 1963, that questions be

certified to Supreme Court of Florida

Questions certified to Supreme Court

of Florida December 16, 1963

Decided June 22, 1964

378 U.S. 540


In response to questions certified by this Court, the Florida Supreme Court advised that, although an award of alimony purporting to bind the husband's estate was not proper under Florida law, in the absence of an express prior agreement between the spouses, the failure of the husband, now deceased, to appeal permitted the decree to become final, and it is not subject to collateral attack. Accordingly, the West Virginia courts, in probating the husband's estate, must, under the Full Faith and Credit Clause, give the decree as broad a scope as Florida does.

147 W.Va. 269, 127 S.E.2d 385, reversed and remanded.

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