Howard v. Sharpe
Howard v. Sharpe
Opinion of the Court
The evidence in this case is uncontradicted and shows the following: The deceased and Kathryn Redmond were married to each other in 1945 and three children were born of this union, defendants: Mona Howard Sharpe, Jimmy Roger Howard, and Vera Howard. In June of 1948, the deceased and Kathryn Redmond separated. Belva and the deceased commenced living together sometime in 1948 and lived together until the deceased’s death in May, 1981. The deceased and Kathryn Redmond were divorced on 25 July 1959. Belva testified that she and the deceased
Nancy Irene Howard
David Wayne Howard
Carolyn Beatrice Howard
Billy Esley Howard
Linda Geraldine Howard
Bruce Johnson Howard
Defendants introduced into evidence two birth certificates of plaintiff Joseph B. Howard. The first certificate lists the child’s name as Joseph Burt Anderson, the father as Napoleon Odell Anderson and Belva Elizabeth Bradley as the mother. The other certificate, which is a delayed certificate of birth, lists the child’s name as Joseph Burton Howard, the father as William Esley Howard and the mother as Belva Elizabeth Bradley. In addition, defendants introduced two documents for the limited purpose of demonstrating the extent of their unsuccessful efforts to locate a copy of the purported marriage certificate of Belva and the deceased from the appropriate South Carolina officials.
The defendants contend that the plaintiffs have produced no direct, nor any competent, evidence of a marriage between plaintiff Belva and the deceased. The law of North Carolina is well settled on this subject and is aptly stated by Robert E. Lee, who writes:
If two persons live together as husband and wife, holding themselves out to the public as such, and gain the reputation in the community as being married, there arises a rebuttable presumption of a valid marriage. [Par.] [Such a presumption may be established by proof of] general reputation that the parties were husband and wife.
1 Lee, North Carolina Family Law 4th, § 15, Presumption of Validity, at 55; See Green v. Construction Co., 1 N.C. App. 300, 161 S.E. 2d 200 (1988); Shankle v. Shankle, 26 N.C. App. 565, 216 S.E. 2d 915, cert. denied, 288 N.C. 394, 218 S.E. 2d 467 (1975); and Chalmers v. Womack, 269 N.C. 433, 152 S.E. 2d 505 (1967).
The Supreme Court in Chalmers held that a second or subsequent marriage is presumed legal until the contrary be proved, and he who asserts its illegality must prove it. 269 N.C. at 436, 152 S.E. 2d at 507. The court noted further that legality or illegality of the second or subsequent marriage is always one for the jury, even though the evidence may be uncontradicted. Id.
In Green, this court found there was sufficient competent evidence that plaintiff was married to the deceased because of independent testimony that the deceased had claimed plaintiff on his income tax form and that the deceased had told him that plaintiff and he were married by a minister. 1 N.C. App. at 303, 161 S.E. 2d at 202-203.
In this case there was evidence that Belva and the deceased held themselves out to the community as being married; that they told other persons they had become married; and that the deceased and Belva filed joint tax returns.
Such evidence has been presented in the case sub judice. Several independent witnesses testified as to Belva and the deceased’s reputation in the community as husband and wife. There was additional competent evidence that Belva and the deceased bought and sold property, executed deeds of trust, had joint bank accounts, filed joint income tax returns and owned joint cemetery lots. In other words, they lived together as husband and wife in all respects.
Accordingly, there was sufficient evidence to support the trial court’s submittal of the case to the jury and the jury’s finding that there was a valid marriage between Belva and the deceased.
We have carefully examined the defendants’ remaining assignments of error and find them to be without merit.
In the trial of this case we find no prejudicial error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.