Davis's Estate

Supreme Court of Pennsylvania
Davis's Estate, 204 Pa. 602 (Pa. 1903)
54 A. 475; 1903 Pa. LEXIS 858
Brown, Dean, Fell, Mestrezat, Mitchell, Potter

Davis's Estate

Opinion of the Court

Per Curiam,

The single question presented is one of fact, whether appellant was the widow of the decedent. She and her mother testified to the performance of a marriage ceremony at a time and place specified, but the inherent improbability of the story under the undisputed circumstances, was so great, and the testimony against it so strong that the learned judge below was constrained to disbelieve it. In' this result we concur. The burden of proof was on appellant and she not only failed to meet it, but the testimony affirmatively and convincingly disproved her claim.

Decree affirmed at the costs of the appellant.

Reference

Cited By
5 cases
Status
Published
Syllabus
Marriage—Evidence—Burden of proof—Suaband and wife. Where a woman claims to be the widow of the decedent, the burden of proof is upon her to establish the marriage. Where her claim is inherently improbable, and the testimony against it is affirmative and convincing, a finding by the orphans’ court that no marriage relation existed will be sustained, although the claimant and her mother testified to the performance of the marriage ceremony.