420 Pa. 541 | Pa. | 1966
Opinion by
Decedent was sometime before 1921 married to a Frank Costanzo, Shortly after the birth of a child to
Decedent’s three sisters and brother contest appellant’s right to the estate on the ground that he is not the surviving spouse.
On these facts, conflicting presumptions are raised. By introducing the marriage certificate of decedent and Costanzo, appellees satisfied their initial burden of proof since Watt Estate, 409 Pa. 44, 185 A. 2d 781 (1962), holds that there is a presumption that a valid marriage, once contracted, continues until proof of divorce or death of a spouse. However, the same case also holds that there are presumptions of the validity of a second marriage and the innocence of the spouses. These presumptions are rebuttable by direct evidence or inferences of fact.
In order to determine the conflict in each case, this Court has said that the presumption of continuance of the prior marriage prevails unless facts are shown which have the effect of overcoming this presumption; and the burden remains upon the party supporting the validity of the subsequent marriage to produce such facts as will shift the burden of proof back to the party supporting the validity of the prior marriage. This rule was stated in Madison v. Lewis, 151 Pa. Superior
In this case the period of time between the desertion and.the second marriage was at least twenty-four years. This is a sufficiently long period of time to come within the rule of Madison and Watt. Bolstering our determination that the burden rests upon the appellees are the facts that: (1) some of the appellees encouraged the second marriage or acquiesced in it, and (2)' Costanzo’s whereabouts continued to be unknown. Since the appellees have not met the burden reimposed upon them by the long absence of Costahzo, requiring them to show the continuance of the prior marriage, they must fail.
Decree reversed. Costs on the estate: