Estate of Hines

Citations

• 10 Pa. Super. 124
• 1899 Pa. Super. LEXIS 250

Syllabus

<p>Marriage — Evidence of reputation and contract.</p> <p>The words “ I will take you for my wife,” assented to by the woman, will constitute a valid contract of marriage when immediately followed by the living together of the parties from that time on until death, more especially when reinforced by sufficient evidence of marriage by reputation.</p> <p>Marriage — Reputation and cohabitation as evidence — Present intent of an executed contract — Review—Appeals—Findings of court below.</p> <p>Reputation and cohabitation are not marriage but they are facts from which marriage is presumed, and the finding of the orphans’ court that a legal marriage existed in a case admittedly doubtful will not be disturbed when based upon the facts of reputation and cohabitation coupled with the repeated declarations of the parties and their acts which were equivalent thereto, which corroborated the testimony of the alleged wife as to the contract as showing the sense in which the parties used the words of such alleged contract.</p> <p>The crucial fact in such eases is, did the cohabitation begin in the agreement testified, to and did the parties intend a present marriage and not a mere executory contract to marry.</p>