Estate of Titcomb

Citations

• 1 Myrick 55

Syllabus

<p>Marriage.—Facts showing an actual marriage, though unaccompanied by any formal ceremony.</p> <p>A bona fide agreement to live together as husband and wife, followed by a joint residence, a community of funds, the bringing up of children, and a holding out to the community at large of honorable relations as married people, with no touch of illicit lewdness in the lives of the parties, must be held to constitute a married status, even though there has been no formal solemnization of the contract.</p> <p>Construing sections, C. C., 55-57, 68.</p> <p>Homestead.—Where property claimed as homestead is worth more than $5,000, and the widow continues to occupy it after return of inventory, she should pay rent for the use proportionally to its value in excess of the $5,000; and the rent proportioned upon such excess in value should be charged against her in her account as administratrix.</p> <p>Claim against insolvent estate.—Intebest.—There'was a mortgage claim against the estate presented and allowed, in which compound interest had been included, according to the terms of the mortgage. This claim, the widow paid without order of the Court, in full; it appears that the estate is insolvent.</p> <p>Held, that the widow cannot be allowed a credit for her payment for any interest over and above ten per cent., although in a foreclosure suit, the bank might have recovered the full interest.</p> <p>Construing sections, C. C. P., 1474-86-1494; statute 1861-637.</p>