STEWART v. ROGERS

No. 244.

133 S.E.2d 155 (1963)

260 N.C. 475

Robert D. STEWART, Administrator c.t.a. of the Estate of Worth Stewart, deceased, v. Harriet S. ROGERS.

Supreme Court of North Carolina.

November 20, 1963.


Attorney(s) appearing for the Case

Richard A. Cohan, Charlotte, for plaintiff appellant.

Blakeney, Alexander & Machen, Charlotte, for defendant appellee.


DENNY, Chief Justice.

The determinative question on this appeal is whether or not the marriage of the defendant to Thomas S. Rogers on 30 May 1956, is a valid marriage.

In the case of Spencer v. Moore, 33 N.C. 160, Ruffin, C. J., speaking for the Court, said: "The rule as to the presumption of death is that it arises from the absence of the person from his domicil without being heard of for seven years. But it seems rather to be the current of the authorities...

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