Spearman v. Spearman
United States Court of Appeals for the Fifth Circuit
482 F.2d 1203 (5th Cir. 1973)
Relevant factsFree
After Edward Spearman died without designating an insurance beneficiary, his first wife Mary (defendant) and second wife Viva (defendant), whom he married in California without divorcing Mary, both claimed the insurance proceeds as his widow; the district court found no legal dissolution of the Mary marriage and that Viva knew of the possibility her own marriage was invalid, awarding the proceeds to Mary.
IssueFree
Whether the rebuttable presumption that a second marriage is valid may be overcome by evidence presented by a purported first wife that her marriage was not dissolved by death, divorce, or annulment at the time of the second marriage.