Travers v. Reinhardt

Citations

• 205 U.S. 423
• 27 S. Ct. 563
• 51 L. Ed. 865
• 1907 U.S. LEXIS 1378

Syllabus

<p>While the predominant idea of , the testator’s mind when discovered is to be heeded as against all doubtful and conflicting provisions, which might defeat it, effect must be given to all the words of a will if by the rules of law it can be done; and the words “without leaving a wife or child ■ or children” will not be construed as “without leaving á wife and child or children,” notwithstanding a general dominant, interest on the part.’ of the testator that his real estate should descend only through his sons.</p> <p>A man and woman, neither of whom was a resident of Virginia, and who had not obtained any marriage license, went through, a ceremony in Virginia which the woman thought was a marriage by a clergyman; they immediately went to New Jersey, she assuming the man’s name; they after-wards went to Maryland and then returned to New Jersey permanently, where they lived and eohabitated as husband and wife and were so regarded for many years until his death, she joining in a mortgage with him, and also being described in his wills'as his wife; she meanwhile, and, prior to the later residence in New Jersey, had ascertained that the person performing the ceremony was not a minister and that there was no license, but the cohabitation continued and there was testimony that the man assured her that they were married, and afterwards in his last . will he appointed his wife executrix and she qualified as such; Held, that:</p> <p>■Marriage in fact, as distinguished from a ceremonial marriage, may be proved by habit and repute, and, except in cases of adultery and bigamy when actual proof is required, may be inferred from continued cohabitation and reputation; and even- though in view of the statutory requirements in those States the marriage might have been invalid in Virginia for want of license, and in Maryland for want of religious ceremony, the cohabitation in good faith and reputation during their residence in New Jersey, and their conduct towards each other from th