In re Estate of Newman

Citations

• 124 Cal. 688
• 57 P. 686
• 1899 Cal. LEXIS 1049

Syllabus

<p>Estates of Deceased Persons—Right of Widow to Administration— Bigamy—Forfeiture—Recognition of Marital Relation.—The rights of a widow in the estate of her husband cannot be questioned on the claim that during the life of her husband she was unfaithful to her vow’s; and her right, as widow, to administer upon his estate is not forfeited by her bigamous marriage to another man, and her previous administration upon the estate of the latter, and receiving an allowance therefrom as his widow, w'here it appears that after the death of the bigamous spouse, the relations between the husband and wife were continued with knowledge of the facts.</p> <p>Id.—Administration of Estate of Bigamous Spouse—Decree in Rem— Estoppel.—The decree in rem in the administration of the estate of the bigamous spouse, was only conclusive as to the succession of his estate; and the marriage relation of the alleged widow of the bigamous spouse to her true husband was not part of the res then before the court. The decree created no estoppel upon her to show that she wras the widow of her deceased husband, in subsequently petitioning for letters of ad- ■ ministration of bis estate.</p> <p>Id.—Bigamous Marriage in Another State—Law as to Cohabitation. A bigamous- marriage contracted under the law’s of another state, followed by cohabitation for a required period of years in such state, is not rendered valid because such laws declare that cohabitation of the parties therein for such period is proof of marriage. Such laws assume that the parties are competent to marry; and such marriage, if legalized in that state, would not be recognized in this state as a dissolution of the formes marriage.</p> <p>Id.—Grant of Letters to Widow—Residence—Finding—Intention.— The residence of the widow in this state will be sustained in favor of a grant of letters of administration to her, if the court finds the fact of such residence, and of her intention to remain in California, and make it her future home, notwi