In re Estate of Penn

The opinion of the court was delivered by The issue in this case is whether a judgment of divorce is valid as between the parties when it is rendered in open court, with both parties present with counsel, and is noted on the court's trial docket, but no journal entry is filed and the clerk neglects to enter the judgment in the appearance docket. We hold that it is. Forrest Penn, Jr., died intestate on August 20, 1973. Two days later the appellee, Marviss L. Penn, instituted this proceeding in the probate court of Butler county by filing her petition to be appointed administrator of his estate. She claimed to be his widow. In due course an answer was filed by the appellant, Clarence Allen Penn, and adult son of the deceased Forrest Penn by a previous marriage. Clarence denied that Marviss was his father's widow, alleging that she had been divorced from him on November 8, 1972.