In re McCAUSLAND
California Supreme Court
Appeal from the Probate Court of the County of Santa Clara. In 1874, William McCausland died intestate in the City and County of San Francisco, leaving an estate situated partly in San Francisco and partly in Santa Clara County. Letters of administration were issued by the Probate Court of Santa Clara County to the Public Administrator of that county.
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Appeal from the Probate Court of the County of Santa Clara. In 1874, William McCausland died intestate in the City and County of San Francisco, leaving an estate situated partly in San Francisco and partly in Santa Clara County. Letters of administration were issued by the Probate Court of Santa Clara County to the Public Administrator of that county. Annie F. McCausland subsequently filed a petition alleging that she was the widow of the deceased, and her child the legitimate offspring of McCausland, and prayed for an order allowing her a monthly-allowance out of the estate for her support…
1Opinion of the Court
1. We claim that the whole evidence does not show honest consent to assume the status of husband and wife and consummation predicated thereon, but continued illicit intercourse.
Secs. 68, 69, 70, 71, 72, 73, 74, 75: Persons marrying without the solemnization of, (sec. 70) tomate a declaration of marriage (76) in presence of witness, (77) to be acknowledged and recorded. None of these things were done.
A mode of establishing and proving a marriage without solemnization being thus provided by statute, no other proof can establish it.
Town of Milford v. Worcester, 7 Mass. 48 s Where there are State…
2Cases cited5 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Inhabitants of Milford v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1810
- Pitte v. ShipleyCalifornia Supreme Court · 1873
- Hill v. BurgerNew York Surrogate's Court · 1856
3Cited by17 opinions
- Ruggles v. WelchCalifornia Supreme Court · 1895
- Toulouse v. BurkettIdaho Supreme Court · 1886
- Myers v. ReinsteinCalifornia Supreme Court · 1885
- Booth v. PendolaCalifornia Supreme Court · 1891
- In Re Bank's EstateMontana Supreme Court · 1927
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