Brigham v. Hughson

MELVIN, J.

Julia J. Brigham instituted a proceeding under section 1664 of the Code of Civil Procedure to determine heirship to Hiram Hughson, deceased, whose estate had been for more than one year in processi of administration. After appropriate proceedings to 'bring in all interested persons the said Julia J. Brigham became the plaintiff by filing a pleading in which she asserted that she was the surviving wife of Hiram Hughson, by virtue of a marriage by and between herself and said Hughson contracted in the state of New York on the twenty-seventh day of October, 1860, and continuing and subsisting until the death of said Hiram Hugh-son, on January 15, 1911. This pleading was answered by Luella R. Hughson, who asserted that she was the surviving wife of Hiram Hughson, and by her ten children, who claimed interest in the estate as legitimate heirs of the said Hiram Hughson.

[450]

After trial judgment was given in favor of the defendants. From said judgment and from an order denying her motion for a new trial the plaintiff appeals.

The findings of the court disclose a very remarkable story. On the 27th of October, 1860, in the town of Norwich, county of Chenango, state of New York, Hiram Hughson and Julia J. Porter, this plaintiff, were lawfully joined in the 'bonds of matrimony by a ceremonial marriage duly performed. In February, 1861, Hiram Hughson left his wife, near Chenango Forks, in the state of New York, came by steamer to California, and never thereafter lived with her. During his lifetime she never heard from him directly or indirectly after his' departure from Chenango Forks. About February 1, 1864, she left New York and went to Hongkong, China, where she was united to one Elias J, Manning by a ceremonial marriage duly solemnized according to law. Thereafter four children of this union were 'born. In 1866, the Mannings and their family left China and went to Chenango Forks, where they resided until a time shortly before Mr. Manning’s death, which occurred in Delaware in 1872. Thereafter plaintiff continued to live near Chenango Forks until her marriage on February 16, 1875, to Frank Brigham at Greene, Chenango County, New York. This was a ceremonial marriage solemnized according to the laws of the state of New York. As a result of this union four children were born. Julia J. Brigham and Frank Brigham continued to live together as husband and wife and to hold themselves out to the world as such until a time following the first day of January, 1915. She never knew that Hiram Hughson had survived the voyage from New York and had reached and resided in California until early in the year 1914, when she learned of his death. The court also found that plaintiff entered into the marriage relations with Manning in Hongkong and with Brigham in New York in good faith; and that she had good and sufficient reasons to believe that Hiram Hughson was dead. There were specific findings that plaintiff 'before her marriage to Manning acted in the highest good faith 'both in law and in fact to ascertain whether her first husband was living or dead; and that “she, the said Julia J. Brigham, was before her marriage to the said Elias J. Manning and also before her marriage to the said Frank Brigham deceived as to the existence of her first husband, said Hiram Hughson, by a false report of his death,