Story Case

Simon Brown was the owner of real estate in Chicago, Illinois, at the time of his death in July, 1914. After his death a dispute arose over the possession of this property between Edna Brown, who claimed to be his second wife, and two children by a former marriage. Edna Brown claimed a dower interest as the widow of Simon Brown. Whether she has a right to this interest depends upon whether her marriage to Simon Brown was legal.

In 1888 two years subsequent to the death of his first wife, Simon Brown visited in Ann Arbor, Michigan. While in that town he met Edna Perry and before he left town, the two agreed to be husband and wife and from that time continued to live together as such. The wedding was not solemnized by any ceremony. The children of Brown by his first wife now claim that there never was a legal second marriage and therefore Edna Brown could not claim any dower interest. Which is correct?

Ruling Court Case. Weister Vs. Moore, Volume 96 United States Reports, Page 76

This was an action in ejectment brought by Bernard L. Weister for the possession of certain lots of ground in Pittsburg, Pa. Both parties claimed title under William Mowry. Weister, the plaintiff, claimed as purchaser of the alleged wife and daughter of said Mowry; the defendant claimed as the purchaser from Mowry's mother, in whom the title vested, if he died unmarried and without children entitled to take.

Weister, the plaintiff, showed that in 1844 Mowry went to Saginaw Valley, in the state of Michigan and there became acquainted with Mary, the daughter of an Indian named Pedrow. Mowry and Mary became married without any formal ceremony, lived together as man and wife, and had one child born to them named Elizabeth. Mowry died in 1852 without having made a will, and leaving but the one child Elizabeth. Elizabeth conveyed the property in question to the plaintiff. If she was the legal heir of Mowry, she would inherit his property and have the right to convey. Whether a legal marriage existed between Mowry and Mary determined these points.

The defendant claimed that a valid marriage did not exist because the Michigan laws expressly states the manner in which a marriage should be solemnized. Mr. Justice Strong delivered the opinion of the Court:

"At common law an informal marriage by a simple agreement between the parties to be man and wife at the time of the agreement and from then on, entered in good faith, is a valid marriage. This is a common law right. A statute may take away this right, but there is the presumption that the legislature had no such intention unless it is plainly expressed. A statute which requires that a marriage should be entered into in the presence of a magistrate or clergyman or that it be preceded by a license, is merely directory of the manner in which a marriage may be perfected; a statute must expressly state that no marriage shall be valid unless solemnized in the prescribed manner in order to make a common law marriage invalid. The Michigan statute does not expressly state that a common law marriage is invalid. Therefore Mowry and Mary were legally husband and wife. Elizabeth was the legal heir and had the right to convey the property to Weister, the plaintiff."

Ruling Law. Story Case Answer

It has long been a mooted question in the courts of various jurisdictions as to whether an informal marriage is valid; but whatever may be the historical facts, the public generally recognize the necessity of some formal observance of marriage, in order that the parties conserve their respectability in the community. Either celebration before a clergyman or in the presence of such civil officer as the statute may designate is therefore necessary today. This is the law in England and in many of the states. When the state law is not clear in making void a common law marriage without ceremony, public opinion has the effect of forcing the parties to observe the formalities. The case of Weister vs. Moore is of importance in stating the view of the United States Court in the question of common law marriages.

The validity of a marriage is always determined by the law of the place where the marriage was entered into at the time it was executed. Therefore, in the Story Case under the law as laid down in the United States Court, a valid marriage existed between Simon and Edna Brown, and she can take her dower interest in the property in Illinois.

On a point like the one involved here, the student should look to the latest statutory law of his state to determine if any change has been enacted at a recent date.