Williams v. Herrick
Supreme Court of Rhode Island
Bill in Equity to avoid a trust. Heard on question of legitimacy. For previous opinions in this case see 18 R. I, 120, and 19 R. I. 197.
1Opinion of the Court
Matteson, O. J.(1) We do not think the evidence establishes the existence of a marriage between Moses Olney and Martha W. Olney prior to the ceremonial marriage between them on November 4, 1817, a short time before the death of Moses. It is not shown that any contract of marriage preceded the cohabitation, which appears to have begun on the death of Gideon Olney, the father.of Moses, in 1798, and to have continued until the death of Moses in November, 1817. But we are asked to infer a marriage from such cohabitation, the birth of children during it, and the fact that these children and their…
2Cases cited5 opinions
- Clayton v. . WardellNew York Court of Appeals · 1850
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- White v. WhiteCalifornia Supreme Court · 1890
- Stans v. BaiteyWashington Supreme Court · 1894
3Cited by9 opinions
- Cuneo v. De CuneoCourt of Appeals of Texas · 1900
- Sardonis v. SardonisSupreme Court of Rhode Island · 1970
- Jones v. WilliamsSupreme Court of Iowa · 1912
- DeMelo v. ZompaSupreme Court of Rhode Island · 2004
- United States v. DortoCourt of Appeals for the First Circuit · 1925
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