Wagner Estate

Opinion by

Mb. Justice Bok,

The basic question is whether the decedent and the claimant, once his wife, entered into a valid common law remarriage after their divorce.

Decedent died testate, leaving nothing to the claimant, who asserted marriage and filed her election to take against his will. The court below held that there had been no valid remarriage, vacated the election, and struck it from the record. The claimant has appealed.

Common law marriage has been well described by President Judge Keller in Baker v. Mitchell, 143 Pa. Superior Ct. 50, 17 A. 2d 738, as a fruitful source of perjury and…