Bisbing's Estate

Supreme Court of Pennsylvania
Bisbing's Estate, 266 Pa. 529 (Pa. 1920)
109 A. 670; 1920 Pa. LEXIS 604
Brown, Frazer, Kephart, Simpson, Walling

Bisbing's Estate

Opinion of the Court

Per Curiam,

Eugene Bisbing died intestate in 1917, and the appellant claims the statutory interest of a widow in his estate. She admits they never were married, her testi*531mony as to this being as follows: “Q. He asked yon to get married? A. Yes. Q. And you declined? A. Yes.” She further admitted that her relations with the decedent were illicit at their inception, and continued so until his death. Under the circumstances serious consideration cannot be given to appellant’s claim, founded solely upon cohabitation and reputation. Cohabitation and. reputation are not marriage; they are but circumstances from which marriage may be presumed, but such presumption may always be rebutted and will wholly disappear in the face of proof that no marriage in fact had taken place: Hunt’s App., 86 Pa. 294.

Appeal dismissed at appellant’s costs.

Reference

Cited By
31 cases
Status
Published
Syllabus
Decedents’ estates — Claim of alleged widow — Marriage—Cohabitation a/nd reputation — Evidence—Presumption—Rebuttal. 1. Cohabitation and reputation are circumstances from which marriage may be presumed, but such presumption may always he rebutted, and will wholly disappear in the face of proof that no marriage in fact had taken place. 2. A claim of a woman for the statutory interest of a widow in the estate of a decedent, will not be allowed where she testifies that the decedent asked her to get married, but that she declined, and she admits that her relations with the decedent were illicit at their inception, and continued so until his death. Under such circumstances no consideration can be given to her claim, founded solely upon cohabitation and reputation.