[DOWNLOAD] "Estate Otha Faye Mcquaid Claveria v. Patricio Claveria" by The Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Estate Otha Faye Mcquaid Claveria v. Patricio Claveria
- Author : The Supreme Court of Texas
- Release Date : January 11, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The question presented is whether there is some evidence, more than a scintilla, of a common-law marriage. This case arose as a probate matter in which Patricio Claveria contested the will of Otha Faye McQuade Claveria. The probate court dismissed the contest after sustaining a plea to abate which stated that Patricio was not an interested person as defined by the Probate Code. The trial court concluded that Patricio had no interest in the estate property because his ceremonial marriage to Otah Faye was void by reason of a prior undissolved common-law marriage. The court of civil appeals reversed the judgment, holding that there was no evidence of the prior common-law marriage. 597 S.W.2d 434. We hold that there was evidence of the marriage and remand the cause to the court of civil appeals to determine the factual insufficiency points.