In Re Estate of Weems

An Application for Widow’s Allowance was filed in the estate of Ernest Weems by his first wife claiming to be his widow. Applicant and decedent had married, separated.and remarried after their separation, but without either obtaining a divorce. The second wife of the deceased also claims to be his widow. The issue was whether the first wife is the widow of the deceased. The trial court ruled that the evidence did not overcome the presumption of the validity of the second marriage and the first wife was not entitled to a widow’s allowance. This appeal presents the question of whether there was…