Stein v. Stein

641 S.W.2d 856 (1982)

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Nature of the Case

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Facts

In September 1978, P started living with John (D) in his apartment near the Blue Ridge Mall in Kansas City. They had met while P was a waitress in a restaurant in the Mall. In April 1979, they took a bus tour, with other senior citizens, of the East. It went through Pennsylvania. P contends that she and D exchanged rings and marriage vows in Philadelphia. P was prevented from testifying to this directly based on the Deadman's Statute. It is undisputed that P and D held themselves out as husband and wife, both before and after the tour, and lived together in John's apartment for about fifteen months. P and D were residents of Missouri and were domiciled in this state during the entire time that they lived together. Pennsylvania does recognize common law marriage. P brought suit to establish she was D’s surviving spouse. The court ruled against her, and P appealed.