Opinion by
Wallace J. Hilton, colored, died August 19, 1915, intestate and without issue. On March 5, 1896, Hilton married Sarah' McPherson, pursuant to a license pre
The testimony submitted on behalf of appellants establishes, and in fact it is not denied, that at the time Kizziah J. Hilton filed her renunciation in favor of Albert J. Hilton she was living as the wife of Charles Clark to whom she was married May 22, 1905, under a license issued by the Probate Court of Cuyahoga County, Ohio, in which she' was named Jennie Hilton. So far as the documentary evidence is concerned we start with the fact that a marriage existed between Sarah Hilton and decedent at the time of the latter’s death and also an existing marriage between Kizziah Hilton and Charles Clark, with whom she had been living since 1905. The presumption in favor of innocence requires us to assume that both marriages were valid: McCausland’s Est., 213 Pa. 189; Wile’s Est., 6 Pa. Superior Ct. 435.
To sustain their claim appellants undertook to prove the marriage between Kizziah Hilton and Charles Clark,
The decree of the court below is affirmed.