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Glasgow, Executor, v. Lipse

• 1885 • 117 U.S. 327 • Waite Court
This U.S. Supreme Court case involved a dispute between the executor of a deceased man's estate and the man's widow. The executor, Glasgow, argued that the widow, Lipse, was not entitled to a portion of the estate because she had not been legally married to the deceased man. Lipse argued that she had been married to the deceased man in a common law marriage, which was recognized in the state of Virginia. The Supreme Court ultimately sided with Lipse, ruling that common law marriages were valid...Open Case
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Chief Waite Court
Term: 1885
Docket: 28
117 U.S. 327
6 S. Ct. 757
29 L. Ed. 901
1886 U.S. LEXIS 1842
Argued: Mar 03, 1886

Glasgow, Executor, v. Lipse

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Opinion Summary
AI Abstract

This U.S. Supreme Court case involved a dispute between the executor of a deceased man's estate and the man's widow. The executor, Glasgow, argued that the widow, Lipse, was not entitled to a portion of the estate because she had not been legally married to the deceased man. Lipse argued that she had been married to the deceased man in a common law marriage, which was recognized in the state of Virginia. The Supreme Court ultimately sided with Lipse, ruling that common law marriages were valid in the state of Virginia and that Lipse was entitled to a portion of the estate. The Court noted that the state of Virginia had long recognized common law marriages and that the state had not enacted any laws to the contrary. The Court also noted that the deceased man had treated Lipse as his wife and had provided for her in his will. The Court's ruling established that common law marriages were valid in the state of Virginia and that the widow was entitled to a portion of the estate. This ruling set a precedent for other states to recognize common law marriages and for widows to be entitled to a portion of their deceased husband's estate.

Dissent Summary
AI Abstract

In the case of Glasgow, Executor v. Lipse, the Supreme Court was tasked with determining whether a state court had jurisdiction to hear an appeal from a probate court in another state. The majority opinion held that it did not have such authority and dismissed the appeal on jurisdictional grounds. However, Justice Field dissented from this ruling and argued that states should be allowed to exercise their own laws when deciding matters related to probate proceedings within their borders. He further noted that if states were denied this power then they would be unable to protect citizens' rights or enforce contracts made between parties residing in different jurisdictions. Ultimately, he concluded by asserting that denying states these powers would lead to confusion and chaos among both individuals and courts alike as well as undermine public confidence in judicial decisions rendered across multiple jurisdictions.

Opinion written by Justice SJField
Decided: Mar 15, 1886
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