Adams v. Bonacci

LeGRAND, Justice.

In this appeal plaintiff seeks to establish her right to share in the estate of James Adams, deceased, as his surviving common law wife. The trial court denied plaintiff’s petition, and we affirm.

The principal basis for plaintiff’s appeal is her contention that the Dead Man Statute (§ 622.4, The Code) is unconstitutional. She also asserts that the trial court applied the wrong standard of proof in determining whether she had proved her common law marriage. On both points we believe the trial court was right.

Section 622.4 provides as follows:

No party to any action or…