In re the Probate of the Last Will & Testament of Salvin

Ketcham, S.

The proof amply justifies the finding that the proposed intervenor was married to the decedent and is his widow, unless the proponents of the will offered in this proceeding have affirmatively shown that such marriage is invalid.

Evidence of declarations by the decedent, made in the absence of the proposed intervenor and inconsistent with a matrimonial relation between her and himself, was properly admitted, and is regarded in the conclusions of the court.

Where the validity of a second marriage is assailed upon the allegation that one of the parties thereto was a party to an earlier…