Myatt v. Myatt

Citations

• 44 Ill. 473

Syllabus

<p>1. Evidence—proof of formes' mcurriage—what insufficient to establish. In a proceeding to revoke letters of administration which had issued to the widow of M. deceased, upon the ground, that, at the time of her intermarriage with deceased, she had another husband, one W., then living,—held, that the proof of such former marriage, consisting simply of general report to that effect, and of the fact of cohabitation together as husband and wife, with one or more children born to them, is not sufficient to establish it.</p> <p>2. Mabriaq-e—prjeiumption that parties living together are married—may be rebutted. While the presumption of law is always in favor of a marriage between parties cohabiting together as man and wife, yet such presumption may be rebutted.</p> <p>3. Evidence—admissions—when insufficient to prove marriage. Nor, in such case, will proof of her admissions that she was married to such other person, coupled with the fact of cohabitation as man and wife, establish such former marriage.</p> <p>4. Marriage—issue of avoid marriage, have no rigid to administer on the estate of the deceased pa/rent. And in such case, if the marriage with deceased were void, the issue are illegitimate, and do not stand in a position to apply for a revocation of the letters of administration, they having no right to administer upon the estate.</p> <p>5. Same—legality of—should not be determined in a collateral proceeding. The legality of the marriage ought not to be determined in a collateral proceeding to revoke letters of administration granted to the widow; other proceedings should be instituted, whereby the whole merits of the case can be fully investigated.</p>