In re Watt's Estate
| Decision Date | 13 November 1962 |
| Citation | 185 A.2d 781,409 Pa. 44 |
| Parties | In re ESTATE of George R. WATT, Late of Slippery Rock Township, Butler County, Deceased. Appeal of Veronica Fisher WATT. |
| Court | Pennsylvania Supreme Court |
Rehearing Denied Nov. 29, 1962. [Copyrighted Material Omitted]
Robert Levin, Levin, Levin & Levin, Philadelphia, William M. Acker, Pittsburgh, for appellant.
Lee C. McCandless, Richard L. McCandless, Butler, for appellee.
Before BELL C. J., and MUSMANNO, JONES, COHEN, O'BRIEN and KEIM, JJ.
On this appeal from a decree of the Orphans' Court of Butler County two questions are presented: (1) at the time of the death of George R. Watt [decedent] on July 27, 1957, who was his lawful wife?; (2) if it was Veronica Watt, had she, by desertion or estoppel, forfeited her right to any claim against decedent's estate?
Decedent entered into four ceremonial marriages: (a) with Bessie Lewis from whom, at her suit, he was divorced on December 18, 1928 (b) with Veronica Fisher to whom he was married on June 25, 1929 and from whom he was divorced fraululently on December 17, 1945; (c) with Ida Bowman to whom he was married on January 26, 1946, a marriage dissolved by her death on July 4, 1949; (d) with Ruth Thompson to whom he was married on July 31, 1950 and with whom he lived up until his death in 1957. No children were born of any of the marriages.
Between the time of his marriage to Veronica Fisher and his marriage to Ida Bowman, the decedent--on September 26, 1945--instituted a divorce action against Veronica F. Watt in Court of Common Pleas No. 2 of Philadelphia County, an action which culminated in the grant of a divorce on December 12, 1945. Veronica Watt did not learn of this divorce until after decedent's death and, thereupon, she petitioned Court of Common Pleas No. 2 of Philadelphia County to vacate the divorce on the ground of extrinsic fraud. [1] It appears that in this divorce proceeding Ida Bowman, with whom decedent had been living in Allegheny County since 1943, masqueraded and posed as Verionica Watt, that the address given as that of Veronica Watt was in fact that of a property purchased by decedent and Ida Bowman in 1943 as tenants by the entireties wherein decedent and Ida Bowman lived, that Ida Bowman, posing as Veronica Watt, employed counsel in Philadelphia to represent her and that, although decedent well knew the address of Veronica Watt, he concealed such fact from the court and Veronica Watt was never notified or served in this proceeding. Notice of the petition to vacate the divorce was given to all parties in interest, including Ruth Watt and decedent's two surviving sisters. The divorce was set aside on March 7, 1958 and from the order setting aside this divorce no appeal was taken. [2]
Decedent died, intestate, on July 27, 1957 survived by two sisters and two persons each claiming to be his lawful wife, Veronica Watt and Ruth Watt. Letters of administration in his estate--valued at approximately $16,000--were granted by the Register of Wills of Butler County to Ruth Watt. At the instance of Veronica Watt, Ruth Watt was required to file a first and partial account to which Veronica Watt filed exceptions. [3] Later Veronica Watt, claiming the surviving spouse's allowance and one-half of decedent's estate, petitioned the Orphans' Court of Butler County setting forth that, as decedent's surviving widow, she requested that certain realty be set aside as her allowance and asked the appointment of appraisers of such realty. Appraisers appointed by the court valued the realty at $7500 and their report was confirmed nisi by the court. To this order of confirmation Ruth Watt excepted, alleging that the appraisal was inadequate, that Veronica Watt was not decedent's lawful widow and that, even if she were, she had forfeited her rights by a wilful and malicious desertion of decedent. The Orphans's Court of Butler County referred all these matters to Dale Painter, Esq., as auditor and said auditor, after hearing, concluded that Ruth Watt was decedent's lawful widow, that Veronica Watt was not the lawful widow, dismissed Veronica Watt's exceptions to the account and sustained Ruth Watt's exceptions to the confirmation of the appraisers' report. Exceptions to the findings and conclusions of the auditor were argued before Judge Frank Graff, especially presiding, and Judge Graff overruled these exceptions. From that order this appeal was taken. It is to be noted that Judge Graff, unlike the auditor, did not determine whether Veronica Watt was decedent's lawful wife at the time of his death but considered such determination unnecessary for the reason that Veronica Watt had forfeited any rights she might have because she had maliciously and wilfully deserted the decedent in May, 1950 and her conduct established that she had participated in a fraud on Ruth Watt and she was, by such conduct, estopped from claiming any party of the estate.
At the outset it must be noted that findings of fact of an auditor, confirmed or approved by the court below, will not be disturbed on appeal except for clear error or unless unsupported by the evidence: Stauffer's Estate, 372 Pa. 537, 94 A.2d 726; [4] Sadtler v. Home Pattern Co., 302 Pa. 527, 153 A. 769. However, this rule has no application where the findings are only inferences or deductions from other facts or conclusions from reasoning: Gongaware's Estate, 265 Pa. 512, 514, 109 A. 276.
It is established that on June 25, 1929 decedent and Veronica Fisher entered into a valid marriage which was performed, under the authority of a valid marriage license, in a religious ceremony. From this established fact two well established principles of law become relevant. In the first place, decedent could not marry another person unless this valid prior marriage had been dissolved either by Veronica Watt's death or by the grant of a divorce either to decedent or to Veronica Watt and any such attempted marriage would be absolutely void: [5] Heffner v. Heffner, 23 Pa. 104, 106; Gise v. Commonwealth, 81 Pa. 428; Heslop v. Heslop, 82 Pa. 537; Thomas et al. v. Thomas, 124 Pa. 646, 655, 17 A. 182; Wayne Township v. Porter Township, 138 Pa. 181, 182, 183, 20 A. 939; Clark's Estate, 173 Pa. 451, 34 A. 68; Cline's Estate, 128 Pa.Super. 309, 311, 312, 194 A. 222. In the second place, upon proof of a valid marriage, the law presumes that such marriage continues until the death of one of the parties (actual or presumptive after seven years) or a divorce is proven: Schaefer v. Schaefer, 189 Pa.Super. 120, 124, 149 A.2d 578; Madison et al. v. Lewis, 151 Pa.Super. 138, 145, 30 A.2d 357; Divver's Estate, 22 Pa.Super. 436; Wile's Estate, 6 Pa.Super. 435, 440. Therefore, as a result of decedent's lawful marriage to Veronica Watt, decedent could not lawfully have married Ruth Watt unless and until he was lawfully divorced from Veronica Watt (she being alive at the time of the marriage to Ruth Watt) and the law presumes the continuance of that marriage. There can be no doubt that decedent, in entering upon his marriage with Ida Bowman and Ruth Watt, relied upon the decree of divorce, granted prior to both marriages, conferring upon him the capacity to remarry. Such reliance upon the divorce by decedent and Ida Bowman was without any justification because both were parties to the fraud which eventually vitiated this divorce. Assuming that Ruth Watt acted in the utmost of good faith and in reliance upon the decree of divorce, per se such good faith and reliance on her part would not breathe vitality into her marriage to decedent unless, in fact, decedent had the legal capacity to enter into such a marriage. The auditor correctly concluded that the setting aside of the divorce decree in 1958 rendered null and void the divorce granted in 1945 and that the setting aside of such divorce decree was binding upon the parties, the auditor and the court in this proceeding. The effect of the opening of the divorce decree was that, absent evidence or proof of any other divorce between Veronica Watt and decedent, decedent lacked the legal capacity to enter into either the marriage with Ida Watt or with Ruth Watt.
However, the law recognizes other strong presumptions which are presently pertinent, i. e. the presumption of innocence in contracting a second marriage as well as the presumption of the validity of a second marriage, the former furnishing the rationale for the latter. [6] Underlying both presumptions is the theory that parties to the second marriage did so innocently and without criminal or wrongful purpose or intent and that the law will infer matrimony rather than concubinage. In the case at bar we have a second or later marriage and we are, therefore, confronted with these several presumptions, the one presuming the continuance of the valid prior marriage and the other presuming the validity of the second marriage. The problem arises as to the weight which is to be given to each.
On this subject the clearest and most logical expression is that approved by the late President Judge Keller, speaking for the Superior Court, in Madison v. Lewis, 151 Pa.Super 138, 30 A.2d 357, quoting from the opinion of the court below (pp. 145, 146, 30 A.2d p. 360): ...
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