Legal Opinion

Wiser v. estate Lockwood's

Supreme Court of Vermont

Decided February 15, 1870PublishedCited by 10 opinions

Appeal from the decree of the probate court for the district of Windsor denying to Sarah A. Wiser, one of the appellants, and the wife of the other appellant, her claim to a distributive share in the estate of Sumner Lockwood deceased, as the widow of said Lockwood, under section 1 chapter 56 of the General Statutes. The case was referred by the county court by agreement of parties.

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Appeal from the decree of the probate court for the district of Windsor denying to Sarah A. Wiser, one of the appellants, and the wife of the other appellant, her claim to a distributive share in the estate of Sumner Lockwood deceased, as the widow of said Lockwood, under section 1 chapter 56 of the General Statutes. The case was referred by the county court by agreement of parties. The referee reported that “ Said Sarah A. Wiser, whose maiden name was Sarah A. Blodgett, was married to said Sumner Lockwood in March, 1863, and immediately went to reside with him at his house. She lived with…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

At the time the marriage ceremony was performed between Sumner Lockwood and Sarah A. Blodgett, lie took part in it so far as he was capable of doing so, and such consent as he could give he did give. The ceremony was gone through with according to the laws of the State, and she became his wife, and he became her husband as fully as he could become the husband of any woman.. There was a marriage in fact, followed by cohabitation between them.

This marriage was void in the sense in which the word “ void” is sometimes used. It was not binding…

2Cases cited1 opinion

  1. Town of Mountholly v. Town of AndoverSupreme Court of Vermont · 1839

3Cited by10 opinions

  1. In Re the Estate of GregorsonCalifornia Supreme Court · 1911
  2. Hoadley v. HoadleyNew York Court of Appeals · 1927
  3. Osoinach v. WatkinsSupreme Court of Alabama · 1938
  4. Simpson v. NeelyCourt of Appeals of Texas · 1949
  5. Ellis v. EllisMississippi Supreme Court · 1928

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