273 Pa. 530 | Pa. | 1922
Opinion by
Hugh Craig, Sr., died in 1878, leaving a will in which he created a trust for the benefit of his four children and provided that “In the event of the death of either or any of my said four children leaving issue more than one child, I direct the said trustees to pay over to such issue their deceased parent’s share of the said net income, but if the said issue be one child only, then I direct the said trustees to pay over to such child only one half of its deceased parent’s share of the said net income, and to pay the remainder thereof to my surviving children in equal shares.” Hugh Craig, Jr., one of the children named, died in 1913 and Edith Craig Werner, appellant, claiming to be the only child of Hugh Craig, Jr., filed a petition asking that the trustees be ordered to file an account and pay over to her one-half her deceased father’s share of the income under the above clause of her grandfather’s will. The trustees answered denying petitioner’s legitimacy as a child of Hugh Craig, Jr., averring that he died unmarried and without issue and, furthermore, that a claim formerly made against the estate by petitioner and her mother, claiming to be the child and widow, respectively, of the deceased, had been compromised and released for the sum of $2,500. The matter was referred to Hampton L. Carson, Esq., as
To establish her claim, appellant relied upon the theory that a common law marriage contract had been entered into between decedent and her mother, and, in support of this contention, a large mass of testimony was taken and fully considered and discussed by the master in a most elaborate report in which he carefully weighed the proofs offered in support of and against the theory that a valid marriage existed. If it be conceded that the case is one where there is room for an honest difference of opinion as to the conclusions to be reached, this difference is due mainly to the inferences to be drawn from the facts rather than any question as to the principles of law involved. These principles are well settled. Marriage is a civil contract and does not require a particular form of solemnization by church or state officials to make it valid; but as a contract it must be evidenced by words in the present tense uttered with a view to establish the relation of husband and wife and should be proved by the signatures of the parties, if in writing, or by witnesses who were present when the contract was made: Com. v. Stump, 53 Pa. 132. But if such evidence is not available, the marriage may be established by proof of reputation and cohabitation, declarations and conduct of the parties and such other circumstances as usually accompany the marriage relation: Richard v. Brehm, 73 Pa. 140. Neither cohabitation nor reputation alone is sufficient, however. Both must co
Previous to the time of the alleged marriage in 1869, Lizzie Cullen had been living at a house of doubtful reputation where she was maintained by another man. This was known to Hugh Craig, Jr., and at the time they entered into the agreement hereafter referred to he took over the house and continued to maintain her there. He was well known in exclusive social circles and informed none of his friends of his alleged marriage, for
While the letters between Craig and appellant indicate the relationship of father and child, this adds little weight to the theory of the legitimacy of the child. The question is not as to the paternity of appellant. That is conceded. Counsel for appellant argues the question here is one of legitimacy and that the burden is on respondent to overcome the presumption of legitimacy by clear and satisfactory facts. In this case, however, the question of legitimacy depends solely upon whether a valid marriage existed between the parents of the child and the proof of this fact must measure up to the standard applied in such cases. The real question for determination is whether appellant is the legitimate child of Hugh Craig, Jr., and this in turn must depend upon whether the parents were lawfully married. On this question, after a careful review of the evidence, we are not convinced the master erred in concluding that while there was evidence of cohabitation while the parties
The cases relied upon by appellant are distinguishable on their facts. Of these, Vincent’s App., 60 Pa. 228, is very similar to this but contains clear proof of cohabitation and reputation as man and wife in the circle of her acquaintances and the neighborhood in which they lived, with nothing in the subsequent conduct of the parties themselves to destroy the effect of this evidence. Stevenson’s Estate, recently decided by this court [272 Pa. 291], is an illustration of the heavy burden of proof which the law imposes upon one who claims a part of the estate of a decedent as his common law wife. We there said that “when the lips of a man are sealed by death, and he leaves no satisfactory evidence as to the existence of such contract, courts will be very slow to establish it in derogation of the undoubted rights of those who follow him.” While it is true in that case the marriage agreement relied upon was preceded by illicit relations covering a long period of time and which imposed upon claimant the burden of showing a change in the relationship — a burden which did not exist in this case — yet there still remained in each case the burden of proving the contract of marriage. The proof of cohabitation and reputation in Stevenson’s Estate was to the effect that claimant was known as Mrs. Stevenson among her own relatives and to the trades people and other residents of the neighborhood in which she lived, yet, in discussing the evidence, we said the purpose was apparently for the intention of deceiving the public and making their continued illegal
The decree of the court below is affirmed at costs of appellant.