Calegaris

This appeal is from an order purporting to modify a judgment and decree of divorce by directing defendant to pay to plaintiff the sum of $60 per month for the future care, education and support of four minor children.

The action was brought by plaintiff for a divorce on the ground of desertion. She asked in the complaint for the care, custody and possession of the minor children—Mario, aged twelve years; Inez, aged ten years; Marguerite, aged eight years; and Hugo, aged six years—and for one-half of the community property, alleged to have been of the value of $60,000.

The court made findings, and caused to be entered a decree on the seventeenth day of April. 1902, granting plaintiff a divorce, the custody of the minor children, and awarding her the sum of $30,000 as permanent alimony for her support, being the amount prayed for in the decree, and which was one-half of the community. property. This decree gave no directions as to the education of the minor children, and made no provision for their maintenance or support, but gave to plaintiff their “sole care, custody, control and possession.” It has never been appealed from and has become final.

On August 25, 1902, but a little…