Estate of Ricci

SCHOTTKY, J.

This is an appeal from a decree determining heirship.

Henry J. Ricci died intestate on December 15, 1956. Both Viola Maria Erminia Ricci and Antoinetta Ricci claimed an interest in the estate as the surviving wife of Henry Ricci.

The court in its decree determining heirship found substantially as follows •. that petitioner Viola Maria Erminia Ricci married the decedent, Henry J. Ricci, in Italy on the 7th day of July, 1907, and that said marriage was never terminated by divorce, annulment or otherwise, and continued continuously thereafter until decedent’s death; that claimant Antoinetta Ricci was a party to a ceremonial marriage in good faith with the decedent, Henry J. Ricci, on the 29th day of July, 1919, in San Francisco, California; that the presumption of the validity of said ceremonial marriage has been overcome by adequate evidence of the continuance of the marriage of petitioner Viola Maria Erminia Ricci and the decedent; that there is no basis in the evidence for an estoppel against the claimant Viola Maria Erminia Ricci; that claimant Antoinetta Ricci is the surviving putative wife of said decedent; that it is not true that claimant Antoinetta Ricci is the surviving lawful wife of said decedent; that claimant Sister Mary Emilian is the daughter of the decedent and claimant Antoinetta Ricci; and that all of the property decedent had at the time of his death was acquired as the result of the joint efforts of decedent and Antoinetta.

The trial court decreed that one-half of the property should be awarded to Viola Maria and the other one-half to Antoinetta. Antoinetta has appealed. She contends that under the law of this state upon Henry’s death intestate she became entitled to the entire estate, subject to administration, because all of the property was acquired by the joint efforts of her and Henry during the putative marriage. We have concluded that the decision of the trial court is supported by the evidence and the law.

Professor Burby (Professor of Law, University of Southern California) in Family Law for California Lawyers states at pages 359-360:

“Some difficulty is presented if conflicting claims are asserted by a legally recognized spouse and a putative spouse.

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