ALBANY ELLENWOOD
v.
LAVINIA ELLENWOOD
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The Florida Supreme Court affirmed a lower court's decision removing Albany Ellenwood as administratrix of her deceased husband's estate. The court found sufficient evidence to overcome the presumption of validity of her marriage to the deceased, establishing that he was still lawfully married to Lavinia Ellenwood at the time of his marriage to Albany.
Yes, the evidence was sufficient to overcome the presumption of the validity of the marriage between Walter Ellenwood and Albany Ellenwood and to establish that Walter Ellenwood was still lawfully married to Lavinia Ellenwood at the time of his marriage to Albany.
“The controlling question in this case is whether or not the evidence relied upon to support the decree was sufficient to overcome the presumption that the last marriage of Walter Ellenwood to Albany Ellenwood was valid, or, in other words, whether or not the evidence was sufficient to establish the truth of the allegation that Walter Ellenwood had prior to his marriage to Albany Ellenwood been lawfully married to one Lavinia Ellenwood who was living at the time of his marriage to Albany and from whom he had not been divorced at the time of his marriage to Albany.”
This quote frames the central legal issue of the case concerning the validity of a marriage and the burden of proof to overcome a presumption of validity.
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Join FLexlaw to unlock all legal intelligenceAlbany Ellenwood applied for letters of administration as the widow of Walter Ellenwood. The County Judge, after hearing evidence, found that Walter E…
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The controlling question in this case is whether or not the evidence relied upon to support the decree was sufficient to overcome the presumption that the last marriage of Walter *641Ellenwood to Albany Ellenwood was valid, or, in other words, whether or not the evidence was sufficient to establish the truth of the allegation that Walter Ellenwood had prior to his marriage to Albany Ellenwood been lawfully married to one Lavinia Ellenwood who was living at the time of his marriage to Albany and from whom he had not been divorced at the time of his marriage to Albany.
The County Judge by his order on a motion to remove Albany Ellenwood as Admistratrix, she having applied as the widow, for letters of administration of the estate of Walter Ellenwood after his death, found from evidence taken before him that the presumption of the legality of a marriage between Walter Ellenwood and Albany Ellenwood had been overcome and that Lavinia Ellenwood was the lawful wife of Walter Ellenwood at the time of his death. Thereupon the County Judge removed Albany as administratrix.
This Order was appealed to the Circuit Court and was by the Circuit Court affirmed and on appeal is brought here for review.
On consideration of the matter, it is our conclusion that the judgment appealed from must be affirmed on authority of the cases of Roberts v. Roberts, 124 Fla. 116, 167 So. 808 and Hillyer & Lovan et al. v. Florida Industrial Commission, 155 Fla. 144, 19 So. (2nd) 838, and cases there cited.
It is so ordered
Affirmed.
CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Roberts v. Roberts, 124 Fla. 116 (Fla. 1936)
- Hillyer & Lovan & New Amsterdam Cas. Co. v. Fla. Indus. Comm'n, 155 Fla. 144 (Fla. 1944)