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GALLEGOS v. WILKERSON

No. 8605.

445 P.2d 970 (1968)

79 N.M. 549

Rosana GALLEGOS, Appellant, v. Martha WILKERSON, aka Martha Holmes, Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 29, 1968.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellant.

J. Benson Newell, Las Cruces, for appellee.

OPINION

MOISE, Justice.

The question for determination is which of two persons, Rosana Gallegos or Martha Holmes, is the surviving spouse of Amarante Gallegos, deceased, also known as Bert Holmes.

The court found that decedent and Martha consummated a common law marriage in El Paso, Texas in November, 1937; that a subsequent purported civil marriage to Rosie Overstreet (Rosana) in Los Lunas, New Mexico on February 25, 1942 was void because at the time...

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