Wilma: Thank you so much for finding this out for me. I truly appreciate it. I am assuming then that she could inherit legally anything worth keeping... Saralie ----- Original Message ----- From: "Wilma Fields" <[email protected]> To: <[email protected]> Sent: Saturday, August 02, 2003 8:28 PM Subject: [MOLAWREN-L] Common Law Marraige Update > > Saralie, and others! > > Well, my mail today had part of law pertaining to law of Common Law Marriage in Mo. > > First, earliest they found was 1879 . > Revised Statutes: Sec,3267. Marriage may be solemnized, by whom.--Marriages may be solemnized by any judge, judge of county court and justices of the peace, or any licensed or ordained preacher of the gospel (G.S>.458, 4----b.) > (b) Marriage is presumed when parties cohabit, and hold themselves out as man and wife, and there are circumstances from which a present contract may be inferred. 65 Mo. 501. It is a civil contract, and when parties capable of contracting agree, per verba de praesenti, with each other to be husband and wife, and cohabit as such, the marriage is valid, and no ceremony need be performed by a minister of the gospel, or officer of the law, authorized to solemnize marriages. 63 Mo. 501; 66 Mo. 391. As to what constitutes a marriage among savage tribes, the legitimacy of children, see 30 Mo. 72. > > Second, Revised Statutes 1889 -same as above > > Third, Revised Statutes 1919---Quite lengthy, but the same. > > Fourth, Laws of Missouri, Fifty-First General Assembly, January 5, 1921. H. B. 159 AN ACT to amend chapter 63 of the Revised Statutes of the state of Missouri of 1919, entitled "Marriage and marriage contracts," by amending section 7302 of said chapter by adding at the end thereof the following words, " and no marriage hereafter contracted shall be recognized as valid unless such license has been previously obtained and unless such marriage is solemnized by a person authorized by law to solemnize marriages. Common-law marriages hereafter contracted shall be null and void. Provided, however, that no marriage shall be deemed or adjudged invalid, nor shall the vlidity therof be in any way affected on account of any want of authority in any person solemnizing the same under the next preceding section, if consummated with the full belief on the part of the persons, so married or either of them, that they were lawfully joined in marriage. > > > Well, there it is. I would assume then , that at the time Common Law marriage was recognized as valid by the state, that all rights of marriage would have also been in effect. > > Don't you just love legalese? > > Wilma > > > ==== MOLAWREN Mailing List ==== > Visit the Lawrence County Query, Biography, Obituary, Will, Deed, Bible, Pension, etc., Boards at: > http://boards.ancestry.com/mbexec?htx=board&r=rw&p=localities.northam.usa.states.missouri.counties.lawrence > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > >