Bisbing's Estate
Bisbing's Estate
Opinion of the Court
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
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.