195 S.E. 594 | W. Va. | 1938
The infant plaintiff was born out of lawful wedlock. The subject of this review is her legitimacy under Code,
Plaintiff is the child of Cedron Bowen, a resident of this state, who testified as follows: In the spring of 1930, she, an adult domestic, consented to marry R. L. Luther. He then gave her a wedding ring, saying that since they loved each other, they would need no preacher, but would simply rent rooms and live together as husband and wife. She demurred at first, but said that he, insisting, convinced her that she would be his wife under his plan and she consented to it. She admitted inconsistently, however, that she knew she would not be "really married" without a license and a preacher. He procured the rooms, and thereafter, though she continued in service, they spent the nights together. There had been no prior sexual intimacy between them. She says that he introduced her to his friends as his wife, but she could not recall the name of any such friends. In a few months, she became pregnant, and then asked him to marry her ceremonially. He replied that he could not do so because he was already lawfully married to another woman. This was the first the witness knew of his marriage. He assured her that they would continue to live as they had, and later he would secure a divorce and *621 marry her. The relationship between her and Luther continued unchanged until his death in 1935. In the meantime, the plaintiff was born, and was cherished and acknowledged openly by Luther as his child.
This suit was brought to obtain for plaintiff a child's share in her father's estate. The circuit court dismissed the bill.
Plaintiff's counsel advance this syllogism: the issue of a common law marriage is legitimated by Code,
Code,
The decree is affirmed.
Affirmed.