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1 N.C. 121

Telts v. Foster

Superior Court of North Carolina

Decided April 15, 1799

Superior Court of North Carolina · decided 1799-04-15

THE plaintiffs were entited by the will of Foster, deceased, to a considerable part of his property, in the event of his widow, Mary Foster, the now defendant, marrying again. The bill charged that she was married to the other defendant, which they severally denied by their answers.

Decided 1799-04-15

Moore, J.

¶1The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.

¶2Verdict accordingly.

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