Nelson v. Marshall

LOWENSTEIN, Judge.

This appeal from a bench trial involves the question of whether a valid, legal marriage can occur pursuant to § 451.040, RSMO 1986, where a ceremonial marriage occurred without application for or issuance of a marriage license, and the “groom” died the following day, negating any opportunity for successful application or issuance of a marriage license. Appellant, Linda Nelson (Linda), asks to be declared the widow of Samuel Marshall (Sam). She asserts the trial court erred as a matter of law in holding there was no valid marriage due to their failure to obtain a marriage…