Hess v. Hess
Supreme Court of Iowa
Appeal from Mahaska District Court. — Henry F. Wagner, Judge. Action by Mary E. Hess, plaintiff, claiming to be the widow of James O. Hess, who died intestate on January 25, 1919, by virtue of a common-law marriage, to establish her dower interest in his estate. The court below found that plaintiff was not the widow of James 0. Hess; deceased, and was not entitled to a distributive share. Plaintiff appeals. Facts in the opinion.—
1Opinion of the CourtARTiruR, J.
The issue involved was whether or not appellant was the surviving spouse and widow of James 0. Hess, deceased, and as such, entitled to a widow’s share in his estate.
Plaintiff based her claim upon an alleged common-law marriage, which she claims was mutually entered into between her and James 0. Hess on or about April 20, 1914, in the presence of her children; and she sought to prove this express contract of marriage by the testimony of herself and her son, Dewey Gwyn.
Defendants denied that such marriage contract was entered into. Defendants further say that plaintiff was the undivorced wife…
2Cited by3 opinions
- In Re Estate of CorySupreme Court of Iowa · 1971
- McCULLOCH INVESTMENT COMPANY v. SpencerSupreme Court of Iowa · 1955
- Hoese v. HoeseSupreme Court of Iowa · 1928