In re the Estate of Cook

—This is an appeal from a decree of distribution. The case has been in this court before. (77 Cal. 220.) The question to be determined is, whether Theodore T. Cook or William W. Richards is the surviving husband of Emma Cook, deceased. Each claims *416that he is entitled to one half of her estate hi’ virtue of such relation. Cook was married to the deceased December 26, 1873. Richards, believing that she had been, divorced from Cook on April 23, 1880, was married to her in due form of law on May 30, 1880, and thereafter lived and cohabited with her as her husband until her death, November 30,…