Stein v. Stein

641 S.W.2d 856 (1982)

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Stein v. Stein

Missouri Court of Appeals for the Western District
641 S.W.2d 856 (1982)

Facts

Nana Stein (plaintiff) brought suit against the estate of John A. Stein (defendant) to establish that she was John's surviving spouse and was thus entitled to allowances under the law. Nana and John had lived together in Kansas City, Missouri for approximately 15 months. Nana and John, while not married, held themselves out as husband and wife. Nana and John had recently taken a three-week bus tour through various states, one of which was Pennsylvania. Nana contended that while in Pennsylvania, she and John exchanged rings and marriage vows. Notably, Pennsylvania law provides for the creation of a common law marriage, but Missouri law does not. In Nana's suit against John's estate, Nana argued that she and John had a valid common law marriage due to the events that took place while they were on vacation in Pennsylvania. However, the district court entered a judgment denying recognition of a common law marriage between Nana and John. Nana appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Turnage, J.)

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