MySource:Scotishmariner/Neilson - Brown annulment

Other: Plaintiff: Jo Ann Borwn, whose true name is Jo Ann Neilson vs. Defendant: Richard Everett Brown

This matter coming on regularly for hearing this day, the plaintiff appearing personally and with her attorneys, Patrick & Zylatra, the defendant not appearing and his default having been entered, the Prosecuting Attorney for Island County appearing for the State of Washington, and the Court having heard the testimony and having made and entered herein its Findings of Fact and Conclusions of Law and being fully advised in the premises, it is now ORDERED, ADJUDGED AND DECREED that the plaintiff be and she is hereby granted an absolute Decree of annulment from the defendant and the marriage purported to have been entered into by plaintiff and defendant on May 8, 1953, at Long Beach, California, be and it is hereby declared to be a nullity. IT IS FURTHER ORDERED, ADJUGED AND DECREED that the defendant be and he is hereby awarded the care, custody and control of the two minor children, Michael Richard Brown and Lucinda Lee Brown. These two children are the legitimate children of both Jo Ann Brown, whose true name is Jo Ann Neilson, and Richard Everett Brown. Done in open court this 27th day of June. FINDINGS OF FACT AND CONCLUSIONS OF LAW this matter coming on regularly for hearing this day, the plaintiff appearing in person and by her attorneys, Patrick & Zylatra, the defendant not appearing and his default having been entered, and the Prosecuting Attorney for Island County appearing for the state of Washington, and the plaintiff and her witness having been duly sworn and examined, the court, being fully advised and having considered the evidence, now makes the following FINDINGS OF FACT I The plaintiff is a bona fide resident of the State of Washington residing in Island County therein. II On the 15th day of February, 1952, the plaintiff herein was married to Richard P. Neilson in Los Angeles, California. That marriage was subsequently dissolved by a decree of the probate court at Brockton, County of Plymouth, Commonwealth of Massachusetts, which decree was entered February 26, 1953. That Decree of Divorce became absolute on August 26, 1953. III Plaintiff and defendant entered into a marriage ceremony on May 8, 1953, in Long Beach, California. Because of the Decree of Divorce between the plaintiff and Richard P. Neilson was not yet absolute at the time plaintiff and defendant purported to enter into this marriage, said marriage is wholly void. IV Two children have been born to the plaintiff and the defendant, they being Michael Richard Brown, born in 1953, and Lucinda Lee Brown, born in 1954. These two children are the legitimate children of both Jo Ann Brown, whose true name is Jo Ann Neilson, and Richard Everett Brown. The plaintiff has not lived with the defendant since 1955 and during all this time the two children have been under the custody of the defendant. The defendant is a fit and proper person to be awarded the custody of said minor children.

Affidavit from the Commonwealth of Massachusetts signed by Walter H. Gilday Register: I hereby certify that at the Probate Court holden at Brockton, within and for the County of Plymouth, on the twenty-sixth day of February, 1953 a divorce from the bond of matriomony was decreed by the Court, between Richard P. Nielsen of Marshfield, in said county, libellant, and Jo Ann C. Nielsen of Dana Point, in the State of California, libelee, in favor of said libellant, for the cause which is fully set forth in the decree on file in said Court, to wit: cruel and abusive treatment on the part of the said libellee, to become absolute after the expiration of six months, unless the court shall have for sufficient cause, on application of any party interested, otherwise ordered. It was further decreed that the libellant have the custody of the minor child, said child to be allowed to remain in the State of Vermont until the further order of the Court. And on the twenty-sixth day of August, 1953, the said six months having expired, and the Court not having otherwise ordered, said decree became absolute. In testimony whereof I have hereunto set my hand, and affixed the seal of said Court at Plymouth, this twenty-ninth day of November 1954