67 So. 1016 | Ala. | 1915
This is an appeal from the order of the probate court of the county of Fayette, revoking letters of administration issued to Zoray Fields (Cooper), appellant, on the estate of Dock Fields, deceased. The petition leading to this action was filed by Beatrice Woods. She was therein alleged to be and ivas conclusively shown to be a niece and of next kin, through her mother, who had died, of Dock Fields, deceased.
If it were assumed (but for the occasion only) that the trial court erred in every ruling on the evidence made the subject of assignments 2 to .7, inclusive, the result on this appeal would not be changed, because the undisputed legal testimony conclusively established the fact that Zoray was lawfully married to one Cooper in the state of Mississippi in August of the year 1906.—Bynon v. State, 117 Ala. 80, 82, 23 South. 640, 67 Am. St. Rep. 163. There was no evidence tending to show a lawful dissolution of the bonds of matrimony binding Zoray to Cooper in consequence of that’ marriage. It was not shown that Cooper had since died.. Indeed, by legal evidence, he was shown to have been living at a recent date, in another state. His mere separation from Zoray did not, of course, dissolve their union. Being Cooper’s wife, she could not have been Dock Fields’ wife, or his widow upon his death. Her illicit relations with Dock Fields could not contribute to give her a better standing in respect of the matter under consideration.
There is no prejudicial error in the record. The judgment must be affirmed.
Affirmed.