McCausland's Estate

Citations

• 213 Pa. 189
• 62 A. 780
• 1906 Pa. LEXIS 444

Syllabus

<p>Marriage — Common-law marriage — Evidence—Legitimation of child — Husband and wife.</p> <p>’ Where the father and mother of a child, six weeks after the birth of the child, agreed with each other in Colorado to become husband and wife, and to live together in that relation until parted by death, and thereafter continued to live together as man and wife, holding themselves out to the world as such, the contract of marriage thus entered into legitimated the child not only in Colorado, but also in Pennsylvania.</p> <p>Evidence — Death—Absence—Presumption of death — Marriage.</p> <p>Where a married man disappears and is not heard of for seven years a presumption arises that he is dead, but there is no presumption as to the time when during the seven years his death actually occurred; and if his wife marries within the seven years, and there is no proof of the actual date of the death, the presumption is in favor of legitimacy, and in favor of the validity of the second marriage as not having occurred prior to the death of the absent husband.</p>