In re Manfredi's Estate
| Citation | 399 Pa. 285,159 A.2d 697 |
| Parties | In re Estate of Frank MANFREDI, also known as Frank Manfrade, Deceased. Appeal of Mary Grade MAOLA, Claimant. |
| Decision Date | 18 April 1960 |
| Court | Pennsylvania Supreme Court |
John F. Roney, Washington, for appellant.
J R. Irwin Knox, Sherman H. Siegel, Washington, for appellee.
Before CHARLES ALVIN JONES, C. J., and BELL, BENJAMIN R JONES, COHEN, BOK and McBRIDE, JJ.
Frank Manfredi, of Washington, Pa., died on February 12, 1955 intestate and unmarried. The Orphans' Court found that a sister of the decedent was entitled to decedent's estate. The Court also found that an alleged nephew, Fiore Manfredi--who claimed that he was born in San Mango D'Aquino, Italy, October 26, 1909 and that he was the son of Fedele Manfredi and Teresa Mendicino who were eventually married on April 30, 1916 in San Mango D'Aquino--was not a legitimate child of decedent's brother Fedele, and consequently was not entitled to a share of the decedent's estate. This claimant took no appeal. The Court likewise found that Mary Maola, the appellant, was not the legitimate child of decedent's brother, Fedele Manfredi, and consequently was not entitled to a share of the decedent's estate.
The Manfredis were poor Italian people who from 1907 until 1912 lived in a shanty in Washington, Pa. The shanty, which consisted of 2 or 3 rooms, was owned by decedent and was occupied (1) by the decedent, and (2) by his brother, Fedele Manfredi, and (3) by Joe Gallo, and (4) by Mary Yanni, and (5) in 1912 for 4 or 5 months by Mary Maola's mother, Catherine Fiorelli.
Appellant's proof that she was the legitimate daughter of decedent's brother, Fedele, may be thus summarized:
(a) Mary's own testimony that her mother told her that Fedele was not father. She never knew her father, because he left her mother and herself when she was about six months old to return to Italy in 1913 because of an alleged illness. Fedele died in Italy on August 26, 1916.
(b) Mrs. Grace Mary Papa testified that she moved to Smith's Ferry in 1912; that Fedele and his wife were already there; that he referred to Catherine as his wife; and that the Italian families in Smith's Ferry, numbering 5 or 6, 'all took it that they were thousand and wife.' About four months after Fedele left for Italy, his brother Frank came and said Fedele told him to remove all the furniture, which he did. Catherine then moved into the apartment with Mrs. Papa, where she remained for four or five months.
(c) Louis Yanni testified that he knew Fedele and Catherine; that Fedele sent to Italy for Catherine; that he visited their home in Smith's Ferry; that they referred to Mary as their 'baby'; and that several Italian people in Smith's Ferry knew them as man and wife. The auditing Judge, who saw and heard the witnesses, stated that he was a confusing witness.
(d) Frank Ricitelli testified that he worked with Fedele in 1911 in East Liverpool, Ohio, and that he lived practically next door to him in that town; that Fedele and Catherine lived together there, and he and the neighbors thought they were man and wife. This testimony of cohabitation and reputation in East Liverpool, Ohio, was contradicted by every other one of appellant's witnesses.
(e) Antonio Yanni testified that he saw Fedele in Smith's Ferry in 1913; that Fedele said he had a wife and kid at home; and that after May, 1913, Fedele was sick and returned to Italy. He further testified that he never heard anybody discuss the reputation of Fedele and Catherine as to whether or not they were married.
(f) Appellant also called Anthony Comfort, administrator of Frank's estate, as on cross examination. He testified that he saw decedent every day for many years and he never heard him mention his niece, Mary Maola. He further testified that he first met Catherine in Washington, Pa., about 1912; that Joe Gallo had sent for her; and that when she arrived she moved into the shanty which was occupied by Joe Gallo, Frank Manfredi, Fedele Manfredi and Mary Yanni. Catherine remained there for four or five months and left in a pregnant condition.
Appellee proved by Anthony Comfort's cousin, James Comfort, that the latter knew Joe Gallo and Frank Manfredi for the 50-year period during which he lived in Washington, Pa.; that Gallo told him he had sent to Italy for Catherine; and that when Catherine arrived in this country she went to live in decedent's shack in Washington, Pa., with Joe Gallo, Frank Manfredi, Fedele Manfredi and Mary Yanni.
Appellee offered in evidence a certified copy of the marriage application of appellant's mother Catherine to John Leon, dated February 10, 1914, which was approximately 7 months after Fedele returned to Italy. In this application, which was signed by Catherine by a mark, in response to the question as to whether there was a prior marriage, the answer was 'none'. The application also showed that Catherine applied for this marriage license in her maiden name, Catherine Fiorelli, instead of in the name of Catherine Manfredi, which would have been her legal name if she were married to Fedele. Appellee also offered in evidence a certificate certified to by J. J. Kirby, a Justice of the Peace, that Catherine Fiorelli and John Leon were married by him on February 10, 1914. The record also shows that Catherine and John Leon's first child, Frank Leon, was born on May 2, 1915, and that they had two more children. The auditing Judge correctly admitted these documents--in fact there was no objection thereto.
For reasons of public policy it has been the law for centuries that there is a tremendously strong presumption that children who are born in wedlock are legitimate: Cairgle v. American Radiator and S. S. Corp., 366 Pa. 249, 77 A.2d 439, and cases cited therein. In that case the Court said (366 Pa. at pages 256-257, 77 A.2d at page 442): "A child born or begotten in wedlock is presumed to be legitimate, and neither the mother nor her husband can bastardize it by testifying to non-access.'
One of the difficulties with Mary Maola's claim is that if Catherine had entered into a common law marriage with Fedele as soon as she arrived at the shanty to marry Joe Gallo or Fedele, and was pregnant 4 or 5 months later, Frank Leon, the first child born of the ceremonial marriage of Catherine and Leon on May 2, 1915, would be illegitimate, as would be every other child of this marriage who was born before the impediment, i. e., the death or divorce of Fedele, was removed. Appellee further proved that appellant in public schools and in her application for marriage used the surname Leon and not the name Manfredi.
If Catherine and Fedele lived together in East Liverpool, as one of appellant's witnesses testified, their relationship from the beginning was meretricious, and appellant failed to prove any change in their relationship. Appellant's testimony as to cohabitation eight months or less in Smith's Ferry, and proof of reputation among a few Italian families, was undoubtedly very weak. The subsequent conduct of the alleged contracting parties refutes this weak proof of a common law marriage. Fedele admittedly left his alleged wife and child, appellant, 6 months after the child was born and returned to Italy. Approximately 7 months after Fedele left, Catherine entered into a formal ceremonial marriage with John Leon while Fedele was yet alive, in which she stated that she had never been married, and was married under her maiden name. When Fedele's brother, Frank, the decedent, came 3 or 4 months after Fedele left for Italy to the house at Smith's Ferry, where Catherine and appellant were living, and took away all the furniture under the direction of his brother (except a high chair for the baby and a sewing machine) no objection was made by Catherine. Moreover, Catherine living in a two or three room...
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Manfredi's Estate, In re
... ... This claimant took no appeal. The Court likewise found that Mary Maola, the appellant, was not the legitimate child of decedent's brother, Fedele Manfredi, and consequently was not entitled to a share of the decedent's estate ... The Manfredis were poor Italian people who from 1907 until 1912 lived in a shanty in Washington, Pa. The shanty, which consisted of 2 or 3 rooms, was owned by decedent and was occupied (1) by the decedent, and (2) by his brother, Fedele Manfredi, and (3) by Joe Gallo, and (4) by Mary Yanni, and (5) in 1912 for ... ...
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Scott v. Mershon
...to further a preferred social policy. Greene v. Oliver Realty, Inc., 363 Pa.Super. 534, 526 A.2d 1192 (1987); See In re Manfredi's Estate, 399 Pa. 285, 159 A.2d 697 (1960). When the purpose of a presumption is to further a preferred social policy, it is understood to be more like a substant......