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238 So. 2d 290·
Fla.·
1970-07-29
·cited 128×
The Florida Supreme Court resolved a conflict between District Court decisions regarding which of Carl Yohn's two wives—his first wife Myrtle Paul or second wife Margaret Fillingim—was his lawful widow. The Court held that the second wife was the lawful widow, reversing the Distr
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119 Fla. 824·
Fla.·
1935-05-21
·cited 106×
The Florida Supreme Court reversed the Chancellor's decision upholding a marriage between W. F. Jones and Augusta Jones, holding that although the marriage was technically bigamous, it was voidable rather than void because the husband was innocent of wrongdoing and the parties ha
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124 Fla. 116·
Fla.·
1936-03-25
·cited 51×
This case concerns the validity of a second marriage when the first spouse is still alive and no divorce is proven. The court affirmed the dismissal of the bill of complaint, holding that the party challenging the second marriage failed to meet the burden of proving its invalidit
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603 F.2d 618·
7th Cir.·
1979-07-25
·cited 37×
The court held that a "deemed widow" is not entitled to benefits when a "legal widow" is also entitled, and that the district court erred in awarding benefits to Mary Davis.
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266 F.2d 447·
D.C. Cir.·
1959-04-09
·cited 16×
A party who enters a second marriage without divorcing their first spouse is estopped from claiming insurance benefits as the surviving spouse, and illegitimate children are included in the definition of 'child' for insurance benefit distribution under D.C. law.
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241 F.2d 401·
9th Cir.·
1957-01-30
·cited 16×
The court held that the appellant was not the lawful widow of the decedent because her ceremonial marriage was void due to a prior undissolved marriage, and she failed to establish a valid common-law marriage or putative spouse status.
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313 F.2d 434·
5th Cir.·
1963-02-13
·cited 12×
The court held that the Railroad Retirement Board's findings were supported by substantial evidence and in accordance with Illinois law, thus affirming the denial of widow's benefits to Stella.
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152 Fla. 377·
Fla.·
1943-02-09
·cited 12×
James B. Banks died while employed by J. J. Cater Furniture Company. His widow and children claimed workmen's compensation benefits, but the employer and insurance company controverted the claims on the ground that Banks was already married at the time of his alleged marriage to
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470 So. 2d 48·
Fla. 3d DCA·
1985-05-21
·cited 8×
This case addresses whether a first wife presented sufficient evidence to rebut the presumption of validity attaching to a second marriage when the decedent lived and traveled extensively abroad. The court held that Julia's evidence—including no-divorce certificates from relevant
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407 So. 2d 232·
Fla. 3d DCA·
1981-11-10
·cited 8×
The court held that the trial court erred in granting summary judgment because a genuine issue of material fact existed regarding the appellant's marriage to the decedent.
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297 So. 2d 310·
Fla. 2d DCA·
1974-06-26
·cited 8×
In this quiet title appeal, the court reversed the trial court's judgment that Martha Thompson (Jerry Altieri's first wife) owned an undivided half-interest in property acquired by Jerry and Pauline Borzymowski. The court held that Pauline, who married Jerry in a formal ceremony
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482 F.2d 1203·
5th Cir.·
1973-07-09
·cited 8×
The court held that the second wife did not qualify as the insured's 'lawful widow' because she failed to establish the termination of the insured's first marriage, and she also failed to qualify as a 'putative spouse' due to a lack of good faith belief in the marriage's validity
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130 So. 2d 302·
Fla. 2d DCA·
1961-05-24
·cited 8×
In a separate maintenance suit, the trial court found that appellant Jacob McBride failed to prove his defense that appellee Ola Mae McBride had a prior undissolved common-law marriage to Will Donaldson that would void their subsequent marriage. The appellate court affirmed, hold
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506 So. 2d 70·
Fla. 5th DCA·
1987-04-30
·cited 7×
The court held that the party seeking to void a second marriage bears the burden of proving the first marriage was not dissolved, and this burden was not met by the appellee.
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721 F.2d 41·
2d Cir.·
1983-10-24
·cited 6×
The court held that the Secretary erred in denying widow's benefits because the presumption of divorce was rebutted by substantial evidence under Illinois law.
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341 F.2d 621·
Ct. Cl.·
1965-02-19
·cited 6×
The court held that the plaintiff was the lawful 'widow' entitled to death benefits because the presumption of validity of her marriage to the decedent was not overcome by the third-party claimants.
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141 So. 2d 259·
Fla.·
1962-05-16
·cited 6×
The Florida Supreme Court affirmed that Mary O. Keller, Harry Keller's first wife, is legally entitled to receive workers' compensation benefits as his widow, despite his subsequent marriage to Mary Lee King. The court held that the first wife satisfied the statutory requirements
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170 So. 2d 322·
Fla. 2d DCA·
1964-12-16
·cited 4×
Summary judgment for defendant was improper because the plaintiff presented sufficient evidence of a genuine issue of material fact regarding whether she possessed the legal capacity to marry the decedent and whether a valid common-law marriage with him existed.
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271 F.2d 805·
4th Cir.·
1959-11-16
·cited 2×
The court held that the Railroad Retirement Board's finding that the petitioner was not the widow of the insured employee was supported by substantial evidence and therefore conclusive.
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288 So. 3d 774·
Fla. 1st DCA·
2020-01-21
·cited 1×
This case concerns whether a Florida court should dissolve a marriage that a Philippine court later declared void due to a prior invalid marriage. The appellate court affirmed the dissolution, holding that Florida public policy and statutes prioritizing the integrity of marriage
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431 F.2d 35·
9th Cir.·
1970-04-13
The court held that the Montana Supreme Court's interpretation of state statutes regarding bigamy is binding and not a due process violation, and that the prior marriage to Mary Lou Daniels provided a valid basis for the bigamy conviction.