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Hopkins v. Hopkins Et Al.

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eBook details

  • Title: Hopkins v. Hopkins Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 15, 1934
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

RUGG, Chief Justice. The questions at issue relate to the administration and distribution of the estate of George L. Hopkins, deceased intestate, late of Somerset. The facts are agreed. So far as material they are these: The intestate was married in New York in 1873. Two children, the issue of that marriage, were born in that State, at present reside there and are respondents. Without being divorced, the intestate in 1888 left his wife and children, came to this Commonwealth where shortly afterwards he began living with Mary F. Sullivan and continued to live with her here until his death in 1931. Four children now surviving were born of this cohabitation, all before 1901. From the times of their respective births he recognized and acknowledged these as his children. In 1905, he and Mary F. Sullivan entered into a marriage contract with due legal ceremony in this Commonwealth. At that time she had no knowledge of his former marriage or that he had a wife and fully believed that she had a right to marry him. They lived together as husband and wife until in 1907 she learned for the first time of his wife and two children living in New York. She continued to live with him but without sexual intercourse until July 30, 1930, when his wife died. Both were informed of her death on that date. Thereafter they continued to live together as husband and wife in the full belief that they were married from the time of the death of the wife on July 30, 1930. No ceremony of marriage was entered into between them other than one in 1905. The trial Judge rightly ruled that the burden rested upon those asserting that they were entitled to share in the estate of the intestate to prove their contention.


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