Estate of Krone

MOORE, P. J.

Isaac Krone departed this life in April, 1946, leaving surviving him his wife Fanny and three children by a former marriage, respondents herein. All proceedings having been duly had in his estate to put it in a condition to be closed, respondents filed their claim of interest declaring that the property of the estate is the separate property of decedent and that appellant was not the lawful wife of decedent; whereupon they demanded that the estaté be distributed to them in equal portions.

Appellant filed her statement of claim of interest in which she alleged that she is the sole surviving lawful heir of decedent; that she married decedent in April, 1934, and continuously lived with him as his wife to the date of his decease; that during such period as a result of their joint efforts all

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the personal property comprising the estate of decedent was accumulated; that at the time of such marriage she believed in good faith that she was the lawfully wedded wife of decedent. Also, she alleged that at the time of the marriage she and decedent “agreed that any property acquired, accumulated or contributed to, or owned and held as a result of their joint efforts, moneys expended or services rendered during the marriage” would be their joint property, and that upon the death of either the estate so accumulated would become the exclusive property of the survivor. She further alleged that during her life with decedent she expended substantial sums of money and personal services in the accumulation of the personal property shown on the inventory and appraisement, and that from March, 1943, to the date of decedent’s death she was actively engaged in conducting the operation of the grocery store from which all the estate set forth in the inventory was accumulated.

The court found that appellant and decedent lived and cohabited as man and wife from the date of their attempted marriage until decedent’s death; that at the time of such marriage neither had any property; that as a result of their joint efforts the parties accumulated personal property of the value of $16,412.51; that at the time of her marriage appellant believed in good faith that she was the lawfully wedded wife of decedent, due to her ignorance of the law which requires the lapse of one year after the entry of an interlocutory decree; that she had obtained an interlocutory decree from her former husband February 13, 1934, and that the final judgment therein was not entered until February 19, 1935, or 10 months after her purported marriage to decedent; that she had no information of any claim of illegality of her marriage to decedent until the filing by respondents of their claim to an interest in the estate; that during the lifetime of decedent he and appellant “were partners with joint and equal rights as partners and that all of the personal property acquired and contributed to by said parties during said period as shown by the inventory on file in this proceeding of the value of $16412.51 is partnership property and that Fannie Krone is the surviving partner.” From such findings the court concluded and adjudged that the personal property acquired by decedent and appellant was partnership property, and that they were owners as equal partners thereof.