Weatherall v. Weatherall

Citations

• 63 Wash. 526
• 115 P. 1078
• 1911 Wash. LEXIS 1239

Syllabus

<p>Appeal — Review'—Findings-—Fact oe Marriage. Upon an issue as to whether a marriage ceremony was performed between an Indian woman and a white man, findings will not be disturbed on appeal where the evidence was so contradictory that it is difficult to reach a conclusion without a personal view and hearing of the witnesses.</p> <p>Marriage — Existence oe Relation — Want oe License — Evidence —Sufficiency. Upon an issue as to the performance of a marriage ceremony, the absence of a license and failure to make any return as required by law are proper facts to be considered, but not conclusive as they do not invalidate a marriage otherwise valid.</p> <p>Same — Want oe Authority. Lack of authority of one officiating as a minister in a marriage ceremony is admissible upon an issue as to whether the authority was exercised.</p> <p>Marriage — Existence of Relation — Evidence—Sufficiency. The testimony of an Indian woman that she was married to a white man with whom she had intimate relations is overcome where the preponderance of the evidence is to the effect that no ceremony was performed and that they did not live together as man and wife, the man described himself in many conveyances as a single man; and any presumption from cohabitation is overcome by evidence of the previous bad character of the woman and of similar relations with other men.</p> <p>Wills — Capacity of Testator. Incapacity to- make a will cannot be established by showing that the testator was frequently under the influence of intoxicants.</p>