In re Estate of Harold L. Garges, 474 Pa. 237 (1977)

CASE: Woman fights to be considered the common-law wife of a man in order to be entitled to a share in his estate.

FACTS: Harold L. Garges and the petitioner, Mildred K. Moyer, cohabitated from 1944 until his death in 1968. From the beginning of this cohabitation until 1962, he was married to another woman, Elizabeth Moyer Garges. After his divorce from Elizabeth bacame final in 1962, Harold showed a copy of the divorce decree to Mildred and told her, "Now we're legally married.," and she replied "It's about time. That's just what we were waiting for." Afterwards, Mildred began using Harold's last name and began wearing a wedding band he had purchased for her before the divorce. They had a reputation in the community as a common-law man and wife.

HOLDING: Under Pennsylvania law, a woman seeking to be entitled to the estate of a man who died without leaving a will was considered his common-law wife where the two cohabitated for 24 years, she began referring to herself as his wife and took his last name after his divorce from his first wife was finalized and where the couple had a reputation in the community as common-law man and wife.

RATIONALE:

• The two had taken out life-insurance polices naming each other as spouse-beneficiaries.
• All that is essential in the making of a marriate contract is proof of an agreement to enter into the legal relationship of marriage at the present time.
• The exchange that took place between the two of them at the time of Harold's divorce in 1962 was sufficient clear and convincing proof to rebut the presumption that that the parties continued living together unmarried.

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