Spini v. Hankins

Opinion

CHRISTIAN, J. Sherrey E. Hankins (appellant) filed in the superior court (San Mateo) a petition for letters of administration in the estate of her deceased father, Grant V. Levie. Belva Spini (respondent in this appeal) objected, alleging that she was the surviving spouse entitled to priority, under Probate Code section 422, in the granting of letters. The court granted letters to appellant.

Respondent then petitioned for a determination of heirship, again alleging that she was entitled to be recognized as decedent’s surviving spouse. The court determined that respondent was a putative spouse and that she was entitled to receive all the property acquired by decedent during the supposed marriage and one third of the other property of decedent.

The petition to determine heirship was submitted on stipulated facts, as follows:

1. Grant V. Levie died intestate on November 30, 1973, in San Mateo County, State of California, being then a resident of said county and state;

2. Grant V. Levie had more than one child surviving him at the time of his death, all of such children having been the issue of the marriage between Grant V. Levie and Elnora Levie which marriage was terminated by a valid divorce prior to 1964 in the State of California;

3. Sherrey E. Hankins is one of the said children of Grant V. Levie, surviving him at the time of his death;

4. Grant V. Levie and Belva Levie entered into a marriage ceremony in Reno, Nevada on December 8, 1972, and at such time both parties in good faith thought they were entering into a valid marriage;

[5755]. Said marriage ceremony was performed in conformance with all the procedural requirements of Nevada law, and is a valid marriage unless invalid because Belva Levie and Grant V. Levie were related as first cousins at the time of their marriage;

6. Grant V. Levie and Belva Levie were at the time of their marriage in fact related as first cousins, their natural fathers being brothers;

7. Grant V. Levie and Belva Levie were both residents of the State of California at the time of said ceremony;

8. Subsequent to said marriage until the death of Grant V. Levie, Belva Levie and Grant V. Levie lived together continuously as husband and wife and held themselves out as such to all the world;