delivered the opinion of the court,
Mary Jane Jackson, the appellee, claimed $300 out of the balance in the hands of the accountant, under the Aсt of 1851, and also one-third of the estate as widow, the decedent having died intestate. Her claim was allowed by the Orphans’ Court; hence this appeal.
The facts have been clearly found by the learned judge of the Orphans’ Court. They are as fоllows: The decedent was married to Mary Jane Dongcake (alleged widow), July 23d 1871. At that time decedent had a wife living, from whom he had been separated for several years. After his secоnd marriage, he and the said Mary Jane went to keeping house together, and lived and cohabited together as husband and wifе until the death of the latter, February 16th 1874. They were known and reputed as man and wife among their mutual relatives, friends and neighbors. Two years or more before decedent’s death, his first wife commеnced proceedings to obtain a divorce from him. It was during the pendency of these proceedings that he married the said Mary Jane Longcake. The decree in divorce wаs granted December 13th 1873, and the decedent died February 16th 1874. During the рeriod intervening between the said decree and his death, hе continued to reside with the said Mary Jane as his wife, but no actuаl marriage took place. From this state of facts the lеarned judge of the court below held that “the cohabitatiоn and reputation of herself and decedent from the date of the divorce to the day of his death, are sufficient in law from which to presume a marriage between them, and entitle hеr to a share in his estate.” The presumption to which the leаrned judge refers is entirely demolished by his finding of facts. Cohabitation and reputation
The decree is reversed, and it is now orderеd and decreed that the balance in the hands of the accountant, $812.88, be paid to the guardian of Leonora Jackson; the costs of this appeal to be paid by the appellee.