In re Estate of Comly
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. Term, 1897,. by Eleanor P. Comly et al., from decree of O. C. Phila.. Comity, dismissing exceptions to adjudication. Sterrett, C. J., and Mitchell, J., dissent. Exceptions to adjudication. The facts appear by the opinion of the court by Ashman, J., which was as follows : The difficulty which lay in the claimant's path to recognition as wife of the decedent was the absence of any formal ceremony of marriage.
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Appeal, No. 86, Jan. Term, 1897,. by Eleanor P. Comly et al., from decree of O. C. Phila.. Comity, dismissing exceptions to adjudication. Sterrett, C. J., and Mitchell, J., dissent. Exceptions to adjudication. The facts appear by the opinion of the court by Ashman, J., which was as follows : The difficulty which lay in the claimant's path to recognition as wife of the decedent was the absence of any formal ceremony of marriage. Whether wisely or not, the law of the state has placed marriage on the footing of a contract, and has so favored it as an institution as to relax the rules of evidence…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
The facts brought to our attention by this record are of a very unsavory sort; but a question is raised upon them which compels their consideration. The estate of Joseph H. Comly has been settled by Eleanor P. Comly, the administratrix, and the fund raised is now for distribution. A woman appears alleging that she was the wife of the decedent, having been married to him about ten years before his death, and having cohabited with him during these years. The marriage set up was not solemnized in the usual manner, but was entered into by a verbal contract made, as…
2Cited by24 opinions
- Link's Estate (No. 1)Supreme Court of Pennsylvania · 1934
- Stevenson's EstateSupreme Court of Pennsylvania · 1922
- Estate of MurdockSuperior Court of Pennsylvania · 1927
- McGrath's EstateSupreme Court of Pennsylvania · 1935
- Coleman v. JamesSupreme Court of Oklahoma · 1917
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