Miller v. Johnson

BURKE, P. J.

Plaintiff seeks to establish rights to property of a decedent on the ground that she is the surviving spouse or (alternatively) the putative spouse of Ralph E. Miller, decedent. Defendants are the children of decedent by a prior marriage.

Plaintiff married Burton C. Wells in 1920 and obtained a divorce from him in 1945 in Dallas, Texas. She married Prestley H. Walker in 1947 in Dallas, and the parties separated in California in July 1956, when the husband returned to Texas. No divorce was secured by either party and the parties were not in contact with each other after the separation. The case was tried on the assumption that the Walker marriage was in full force and effect on August 28, 1957, when plaintiff and the decedent went to Tijuana.

On August 28, 1957, plaintiff drove to Tijuana, Mexico, with decedent. Upon arrival they went into an office which had a sign on the door, “Divorces and Marriages.” Only one man was in the office. No other person, stenographer or secretary was present during their visit. The parties told the man they wanted to secure a divorce for Mrs. Walker and wanted to get married. The man said he could accommodate them, and, after asking a few questions and making a a few notes, he allegedly gave them a document written in Spanish which purported to be a divorce decree. Mr. Miller asked the man if the purported divorce was good and he stated, “In any state.” The marriage “ceremony” followed, consisting in the man asking Mr. Miller, “Do you take this woman to be your lawful wedded wife?” to which Mr. Miller replied, “I do,” and then asking plaintiff, “Do you take this man to be your lawful wedded husband?” to which plaintiff ansered “I do”; a ring was placed on plaintiff’s finger and the man pronounced the parties man and wife. They kissed and left the office.

Plaintiff and Mr. Miller lived together thereafter as husband and wife at Inglewood, California, until his death; Mr. Miller worked and paid the bills; furniture was purchased to

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gether; joint income tax returns were filed for the years 1957, 1958 and 1959; plaintiff cosigned a promissory note with Mr. Miller in November 1959; plaintiff testified she believed she was lawfully married to Mr. Miller during this entire period.