In Re Sutherland's Estate

This case comes to us on petition to transfer. See 195 N. E. 2d 778.

It concerns the validity of an alleged “common-law” marriage. Bonnie B. Sutherland, the appellee, asked for a determination of heirship to share in the estate of her alleged husband as a widow. The trial court rendered judgment in her favor.

The first error assigned for our consideration here is that the trial court had no jurisdiction of the action for the determination of heirship under the Acts of 1953, ch. 112, art. 6, §606, p. 320, being Burns’ Ind. Stat. Anno. §6-606 (1953 Repl.) which provides that upon the filing of a…