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Franklin v. Franklin

The jury was entitled to believe witnesses who denied that the decedent held himself out as having been married to the defendant.

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Appellee Wilhelmina Franklin filed a complaint for declaratory judgment against appellant Patricia Franklin and others. Both women claim to be the legal widow of Earl Franklin, who died in 1999. The jury returned a verdict finding appellee to be the legal widow. Following denial of her motion for new trial, appellant appeals judgment entered on the verdict. Appellant challenges the sufficiency of the evidence to support the verdict and the trial court’s refusal to give one of her requested jury charges. Finding no evidentiary insufficiency or trial error, we affirm.

Appellee makes a persuasive claim to being the lawful widow because she and Earl Franklin entered into a ceremonial marriage in 1998, and the marriage remained in existence at his death. Appellant, however, testified that in the early 1980′s she and Earl Franklin entered into a common-law marriage which never ended in divorce.1 To substantiate the existence of the common-law marriage, appellant presented numerous acquaintances and family members of the couple who testified that they held themselves out as being married. Appellant also introduced documents such as joint tax returns and medical records which identified her and Earl Franklin as husband and wife. Appellee, on the other hand, presented other relatives and acquaintances of the parties who denied that Earl Franklin held himself out as having been married to appellant. Appellee also submitted evidence that in the 1980′s Earl Franklin held himself out as being married to another woman who also used his last name. Indisputably, Earl Franklin did cohabit with appellant; they bore a child together; and, if they did enter into a common-law marriage, it was never dissolved.

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