Estes v. Merrill
Supreme Court of Arkansas
Appeal from. Garland Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. Elizabeth Merrill brought this isuit for the widow’s interest and dower in the estate of John D. Condon, deceased.
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Appeal from. Garland Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. Elizabeth Merrill brought this isuit for the widow’s interest and dower in the estate of John D. Condon, deceased. The complaint alleges that she was married to said John D. Condon in 1878, in Columbus, Ohio, and that he died on the first day of September, 1910, leaving no children or other descendants or heirs or next of kin; and the owner of certain described lands in Hot Springs, Arkansas, and that he had been the owner and seized and possessed of the certain other lands and had conveyed them to…
1Opinion of the CourtKirby, J.
(after stating the facts.) (1) The law is well settled in this State that when a man and woman ¡are legally married the woman 'Continues to-be the -man’s wife, notwithstanding she subsequently contracts a bigamous marriage with another man during his life, and upon the death ¡of her lawful husband is entitled, to the widow’s rights in his estate. Evatt v. Miller, 114 Ark. 84.
(2-3) It is likewise settled law that marriages contracted without the ¡State, which -are valid by the laws of the State or country in which the same ¡are consummated, and the parties then actually resided, are valid in…
2Cases cited3 opinions
- Schmisseur v. BeatrieIllinois Supreme Court · 1893
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Darling v. DentSupreme Court of Arkansas · 1907
3Cited by26 opinions
- Walker v. MatthewsMississippi Supreme Court · 1941
- Lathan v. LathanSupreme Court of Arkansas · 1928
- Gray v. GraySupreme Court of Arkansas · 1939
- Estate of TormeyIdaho Supreme Court · 1927
- Bruno v. BrunoSupreme Court of Arkansas · 1953
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