Bellon's Estate
This text of 32 Pa. D. & C. 412 (Bellon's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Lena Leber claimed to be the “common-law” wife of decedent, that is to say, she claimed that a marriage ceremony took place between them, per verba de praesenti and without the intervention of any officiating magistrate or clergyman. Her own evidence, if believed, established the occurrence of such a ceremony, and this evidence was corroborated by witnesses who testified that decedent had introduced her as his wife. The auditing judge stated that he did not believe her evidence.
It follows from this finding that the principal alleged fact never occurred. Reputation of marriage is indirect evidence from which the occurrence of the principal fact may be inferred; but if it is established that the principal fact did not occur, then the inference from reputation is effectually denied: Murdock’s Estate, 92 Pa. Superior Ct. 275.
The exceptions are dismissed and the adjudication is confirmed absolutely.
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Cite This Page — Counsel Stack
32 Pa. D. & C. 412, 1938 Pa. Dist. & Cnty. Dec. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellons-estate-paorphctphilad-1938.