Legal Opinion
Gallegos v. Wilkerson
New Mexico Supreme Court
Decided September 23, 1968No. 8605PublishedCited by 33 opinions
1Opinion of the Court
OPINION
MOISE, Justice.
The question for determination is which of two persons, Rosana Gallegos or Martha Holmes, is the surviving spouse of Amarante Gallegos, deceased, also known as Bert Holmes.
The court found that decedent and Martha consummated a common law marriage in El Paso, Texas in November, 1937; that a subsequent purported civil marriage to Rosie Overstreet (Rosana) in Los Lunas, New Mexico on February 25, 1942 was void because at the time decedent was legally married to Martha, with whom he continued to live until his death in 1964. Based on these findings, the court concluded that…
2Cases cited17 opinions
- Grigsby v. ReibTexas Supreme Court · 1913
- Medler v. HenryNew Mexico Supreme Court · 1940
- McDonald v. McDonaldCalifornia Supreme Court · 1936
- J. A. Silversmith, Inc. v. MarchiondoNew Mexico Supreme Court · 1965
- Poteet v. PoteetNew Mexico Supreme Court · 1941
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Brown Ex Rel. Brown v. Safeway Stores, Inc.New Mexico Court of Appeals · 1971
- Jaramillo v. JaramilloNew Mexico Supreme Court · 1991
- State v. PolskyNew Mexico Court of Appeals · 1971
- Wood v. Citizens Standard Life Insurance CompanyNew Mexico Supreme Court · 1971
- Clark v. LeBlancNew Mexico Supreme Court · 1979
28 more not listed; retrieve them via the Exa API.