In Re Estate Of Keimig

528 P.2d 1228 (1974)

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Nature of the Case

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Facts

P was first married in 1920 to Joseph Cavanaugh. A daughter was born as a result of this marriage. In 1922, P secured a divorce. In 1925, P was married to Walter A. Keimig, the decedent whose estate she now claims. P filed suit for divorce and obtained it March 21, 1935. That evening Walter went to P to discuss their situation. They decided to forgive and forget and go back together again. The couple spent the night together at P's father's home. The next day they returned to the same home in which they had resided prior to the separation and divorce. After the reconciliation, they held each other out as man and wife for the next nine years. Walter farmed extensively and conducted a farm equipment business. P helped in this latter business and also carried out domestic tasks including cooking for the hired help and caring for Walter's father who lived with them. P signed her name as Mrs. Keimig; Walter introduced her as Mrs. Walter Keimig or 'my wife'; she was known by Walter's employees as Mrs. Keimig; when P's daughter married in 1938, the nuptial announcements were made by 'Mr. and Mrs. Walter Keimig.' In the spring of 1944 P made out a check to herself for $500.00, cashed it, and joined Albert Huss, a former farm employee of Walter. P commenced living with Albert Huss. P worked for a while in Great Bend, using the name Cavanaugh. She lived with Huss and eventually began using the name Huss. They acquired real estate in the names of Albert and Ruth Huss, husband and wife; their insurance was carried in the same way; P was listed in the census record as Ruth Huss; she received her driver's license and was assessed for personal property under that name; Huss named her as his wife in a deed conveying to her his interest in realty; P signed mortgages under the name of Ruth Huss. In 1954 P filed for divorce from Albert Huss. Later she had this action dismissed on the ground she and Albert had reconciled their marital differences. Huss and P applied for and received social security benefits as husband and wife. P lived continuously with Mr. Huss and on January 13, 1972 -- which was subsequent to Walter Keimig's death -- they were formally married. Meanwhile, Walter Keimig dated other women. In 1962 Walter and D started living together. On July 20, 1967, They were married. Walter told D he was divorced, single and free to marry. Prior to marriage, Walter executed documents conveying interests in realty in which he was described as an unmarried man. In his will, Walter left everything to D. Walter died and the court admitted Walter's last will to probate and appointed D as his executrix. On December 29, 1971, P, using the name of Ruth Ann Keimig, petitioned the probate court. On January 25, 1972, twelve days after her ceremonial marriage to Albert Huss, P filed an election to take under the law, alleging she was Walter's surviving spouse and sole heir at law. The probate court ruled against P. The district court ruled against P. P eventually appealed.