In Re Estate Of Lov

618 S.E.2d 97 (2005)

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Nature of the Case

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Facts

In this will dispute, a jury determined that Darryl Arnold was the common law husband of Barbara J. Love by virtue of a marriage entered into prior to January 1, 1997, and remained so until the time of her death. Bertrand Love, the decedent's son, appeals the judgment entered on the verdict. Arnold testified that the decedent was widowed when they met and that he was divorced; that they moved in together in 1992; that they operated the decedent's business together; that they had a sexual relationship and shared a bedroom; that in August 1994, they entered an agreement to be married, and the decedent accepted a ring from him; and that she wore the ring daily until her last hospitalization. Arnold introduced several pictures of the decedent wearing the ring and recalled that two of them were taken in 1996 and 1997, respectively. Arnold also testified that he gave the decedent greeting cards, which referred to her as his wife. They opened a joint checking account on July 17, 1998, obtained certificates of deposit in 1998, and opened additional accounts at a different financial institution in 2002. They shared household expenses, and both contributed monies to the joint accounts. They also opened separate IRAs, designating each other as sole beneficiaries. Arnold explained that they did not indicate that they were married on the IRAs because they did not have the legal documentation to that effect, which was the same reason that they did not file joint tax returns. The beneficiary designations remained unchanged at the decedent's death. They incurred debt together. In 1998, they purchased a utility vehicle. In 1999, they purchased a lot, which was titled in both of their names, on which they planned to build their dream home. Arnold introduced several exhibits that were related to that real estate transaction. They hired an architect to draw the plans for the new home and obtained an estimate, dated May 11, 2000, which was introduced into evidence. Arnold signed the consent forms for her treatment, which were admitted into evidence. Arnold was with the decedent when she died on June 15, 2003. Witnesses testified regarding the relationship between Arnold and the decedent. The decedent's sister, Joanne Walker, testified that the decedent said that she would not marry Arnold because she thought he was being unfaithful to her; and that the decedent authored their sister's obituary in which she referred to Arnold as her 'special friend.' Love testified that on a warranty deed executed on December 3, 1999, the decedent referred to herself as a single female. In 1998 and 2003, she indicated that she was widowed on medical forms; and that in 2003, she listed Arnold as 'relative number 1' on a medical form but gave him the designation of 'other.' The jury found a common law marriage and Love appealed.