Estate of Wood

TEMPLE, J.,

dissenting.—I dissent. It may be conceded that the marriage was valid if plaintiff was, in the full sense of the term, an unmarried woman at the time. She was formerly the wife of Robert M. Smith, but obtained a decree of divorce against him on the nineteenth day of August, 1897. The decree was absolute in form. It is declared in section 91 of the Civil Code that such a decree restores the parties “to the state of unmarried persons.” The decree has not been set aside or suspended, nor has any appeal been taken therefrom. It is contended, however, that this did not qualify her to…