Chandler v. Central Oil Corporation, Inc.

853 P.2d 649 (1993)

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Nature of the Case

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Facts

Fred (H) was shot during a robbery in the course of his employment as a gas station attendant for Central. H died of his injury. H had three children from three different women. H had a son, Ruben that was 33 when H was killed. Fred and Ruben's mother, Dorothy, were never married. After H had his relationship with Dorothy, he married three other women and had two other children. When the second wife, Eliza, and H were married, she did not know that H was still married to his first wife, Noletta. Mary and H were married after living together for three years, and they lived together for three more until H died. Both Eliza and Mary claimed to be the surviving spouse. ALJ determined that a common law marriage existed between Eliza and H and under these facts, H lacked capacity to enter into a marriage with Mary because his prior common law marriage had not been dissolved. As such, Eliza was entitled to the benefits. Mary appealed. The district court affirmed the ALJ ruling. The Court of Appeals reversed and remanded the case with directions to apply the presumption of validity of the marriage of H and Mary and with the opportunity for Eliza to rebut that presumption.