MATTER OF WELLS


276 A.D. 822 (1949)

In the Matter of The Estate of Blake O. Wells, Deceased. Maude Small, Appellant; Betty Durkin et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1949.


Decree reversed on the facts and proceeding dismissed, without costs of this appeal to any party. Certain finding of fact disapproved and reversed.

Memorandum:

In order to establish the existence of a common-law marriage, it is essential to show that there was an agreement between the parties to live together as husband and wife. The burden of proving the marriage is upon the one seeking to establish it. If acknowledgment of marriage and cohabitation are established...

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