In re Megginson's Estate

• Citation: 28 P. 388,21 Or. 387
• Parties: In re MEGGINSON'S ESTATE. v. MEGGINSON et al. MEGGINSON et al.
• Decision Date: 14 December 1891
• Court: Oregon Supreme Court

28 P. 388

21 Or. 387

In re MEGGINSON'S ESTATE.

MEGGINSON et al. v. MEGGINSON et al.

Supreme Court of Oregon

December 14, 1891

Appeal from circuit court, Benton county; MARTIN L. PIPES, Judge.

Petition by William R. Megginson, Peter D. Megginson, John R Megginson, and Sarah J. Urquehart, collateral kindred of George R. Megginson, for the final distribution and payment to them of his personal estate. Julia Megginson, William Megginson, and Jane Megginson contested such payment, and counter-petitioned for the payment of such estate to them as the wife and children of said George R. Megginson. Decree in favor of counter-petitioners. Petitioners appeal. Affirmed.

Acts 1854, pp. 492-494, provide by section 4, that marriages may be solemnized *** throughout the territory *** by ministers of the gospel;" by section 6, that "no particular form shall be required, except that the parties shall declare, in the presence of the *** minister *** and the attending witnesses, that they take each other as husband and wife, and in every case there shall be at least two witnesses present, besides the person performing the ceremony;" and by section 13, that "no marriage solemnized before any person professing to be a *** minister, shall be deemed or adjudged to be void, nor shall the legality thereof be in any way affected on account of any want of jurisdiction or authority in such supposed *** minister: provided, the marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage."

John Burnett and John Kelsay, for appellants.

J.R. Bryson and W.S. McFadden, for respondents.

BEAN, J.

This is a controversy concerning the final distribution of the personal estate of George R. Megginson, deceased, between his collateral kindred and the respondents, who claim to be his wife and children. The sole question in this case is the validity of the marriage between the deceased and the respondent Julia, at the Siletz Indian reservation, in the spring of 1860. The facts concerning this marriage are these For some time prior to 1860, the deceased was employed by the government as farmer, at the Siletz Indian Agency, in Benton county, and while so employed became acquainted with an Indian woman belonging to the reservation, known as "Sixes Julia." This acquaintance finally resulted in a formal ceremony of marriage of Megginson and Julia in the spring of 1860, before Daniel Newcomb, the agent of the United States in charge of the reservation, who assumed to act in the capacity of a minister in solemnizing the marriage. They continued to live together as husband and wife on the reservation until 1864, when Megginson was discharged by the then agent, because he had an Indian woman for a wife. They then moved to the Alsea agency, and remained there until 1865, when they settled on a farm at Cape Foul-weather, where they continued to reside until Megginson's death, in 1888. During all this time they demeaned themselves towards each other as husband and wife, lived and cohabited together with a full belief that they were lawfully married; had children born to them; were recognized and treated by their neighbors, friends, and acquaintances as husband and wife. Julia was no longer recognized as a ward of the government or as belonging to the agency; in fact, no question as to the validity of the marriage seems to have been suggested or thought of until after Megginson's death. It is now claimed that the marriage was invalid because Newcomb, before whom it was solemnized, was not in fact a minister of the gospel authorized to solemnize marriages, and did not profess to act in that capacity at the time. Upon this question the evidence shows Newcomb to have been, both before and during his service as Indian agent, a member of the Methodist Church, and a devoutly religious and pious man; sometimes preaching to the Indians under his charge, as well as occupying the pulpit in other places. He was generally known in and around the agency as Preacher or Reverend Newcomb, and was so introduced to some of the witnesses by ministers of that church. There is no evidence that he was ever formally authorized to preach, nor does his name appear upon the records of the conference of the church, which, however, do not antedate April, 1860; but the evidence that he was not a regularly authorized minister is of a negative character, and is not inconsistent with his professions or known reputation as a preacher. The day before the marriage of Megginson and Julia he went from the upper to the lower farm on the reservation, for the purpose, as reported at the time, of solemnizing this marriage, and while there did solemnize the marriage in the presence of witnesses according to the forms of his church, and, after invoking the divine blessing upon the union, pronounced them man and wife.

Upon this state of facts we confidently assert that no well-considered case can be found in the books where the courts in a civil case have declared such a marriage void and bastardized the children, without clear, distinct, and satisfactory proof...