Gillaspie v. E. W. Blair Construction Co.
192 Kan. 455, 1964 Kan. LEXIS 262, 388 P.2d 647 (1964)
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Rule of Law:
When a couple begins a cohabitation relationship with the present intent to be married while a temporary legal impediment to the marriage exists, a valid common-law marriage is formed upon the removal of the impediment if the couple continues to live together as husband and wife. The surviving partner of such a marriage qualifies as a 'legal widow' for the purposes of workmen's compensation benefits.
Facts:
- Pearl Gillaspie was divorced on May 28, 1961, which under Kansas law, imposed a six-month waiting period before she could legally remarry.
- On June 4, 1961, six days after her divorce, Pearl Gillaspie and Clyde J. Gillaspie began living together and mutually assented to be husband and wife.
- From June 4, 1961, onward, the couple held themselves out to the public, family, and friends as a married couple.
- They used the Gillaspie surname for Pearl, maintained a joint checking account, and filed a joint income tax return.
- The couple intended to have a formal marriage ceremony in the future, but it was continually postponed due to work.
- Pearl Gillaspie's six-month waiting period to remarry ended on November 28, 1961.
- The couple continued to live together as husband and wife after the legal impediment to their marriage was removed.
- On March 3, 1962, Clyde J. Gillaspie died as a result of a work-related accident.
Procedural Posture:
- Pearl Gillaspie filed a claim for death benefits under the workmen's compensation act.
- The workmen’s compensation examiner found that a valid common-law marriage existed and granted an award to Pearl Gillaspie.
- The employer-respondents appealed the examiner's award to the district court.
- The district court affirmed the findings and award of the workmen's compensation examiner.
- The employer-respondents, as appellants, appealed the district court's judgment to the Supreme Court of Kansas.
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Issue:
Is a person considered the 'legal widow' of a deceased worker for the purpose of receiving workmen's compensation death benefits if her relationship with the worker began as a common-law marriage while she was still within the six-month statutory waiting period after a divorce, but they continued to live as husband and wife after that period ended?
Opinions:
Majority - Fatzer, J.
Yes, a person in such a situation is considered the 'legal widow.' A valid common-law marriage is created when a couple, who began cohabiting with matrimonial intent while an impediment to marriage existed, continues the relationship after the impediment is removed. The court's reasoning is that Kansas law recognizes common-law marriage, which requires capacity, a present agreement to be married, and a public holding out as husband and wife. Although Pearl Gillaspie initially lacked capacity to marry, her union with Clyde Gillaspie was entered into in good faith with a present matrimonial intent. Citing precedent like Schuchart v. Scuchart, the court held that the persistence of the relationship after Pearl's disability was removed on November 28, 1961, automatically ripened the relationship into a valid common-law marriage without requiring a new express exchange of consent. Because a valid marriage existed at the time of Clyde's death, Pearl was his 'legal widow' under the workmen’s compensation statute.
Analysis:
This decision solidifies the 'impediment removal' doctrine within Kansas common-law marriage jurisprudence, clarifying that a relationship initiated in good faith but technically void can automatically become valid once the temporary legal barrier is lifted. It establishes that the term 'legal widow' in statutory benefit schemes like workmen's compensation is not restricted to ceremonially married spouses but includes common-law spouses whose marriages are recognized by the state. This precedent provides a pathway for legal recognition and access to spousal benefits for couples whose unions begin under a temporary legal incapacity, emphasizing the court's focus on the parties' sustained intent over initial formal defects.
