Clark's Estate

Supreme Court of Pennsylvania
Clark's Estate, 173 Pa. 451 (Pa. 1896)
34 A. 68; 1896 Pa. LEXIS 729
Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Clark's Estate

Opinion of the Court

Per Curiam,

The court below was clearly right in holding that, during the lifetime of her undivorced husband, Patrick McCartney, who survived her, Ann McCartney was incapable of contracting a valid second marriage, and hence she never was the lawful wife of the intestate Michael A. Clark. The undisputed facts, relating to that subject, bring that branch of the case directly within the ruling of this court in Thomas v. Thomas, 124 Pa. 646. It being thus settled that Ann McCartney never was the wife of the intestate, there was no error in awarding one third of the fund for distribution to his widow Theresa C. Clark and one half of the remaining two thirds to each of his children John J. Clark and Edward A. Clark.

There is nothing in any of the specifications that requires further notice. Neither of them is sustained.

Decree affirmed and appeal dismissed, with costs to be paid by appellants.

Reference

Full Case Name
Michael A. Clark's Estate. Appeal by George Clark, Mary A. Moss and James Clark
Cited By
6 cases
Status
Published
Syllabus
Marriage — Second marriage after long absence of first husband — Decedent's estate. If a woman’s lawful husband is alive and undivorced at the time of her second man'iage, no matter how long he may have been absent and unheard of, the second marriage is invalid, and she is not entitled to share in the estate of her apparent second husband.