In Re Appeal of O'Rourke

MacLaughlin, Justice.

Theresa O’Rourke appeals from a determination by the county court, affirmed by the district court, that she was not the surviving spouse of Leo O’Rourke because his earlier marriage to Kathleen Sharpe had never been terminated by divorce. We granted discretionary review to decide whether to recognize a presumption that the later of successive marriages is valid. In re Appeal of O’Rourke, 300 Minn. 158, 182, 220 N. W. 2d 811, 824.

On November 25,1970, after two earlier marriages which both ended in divorce, Leo O’Rourke married Kathleen Sharpe in Iowa. On August 12,1971, he…