Rein

Toby Clemens Rein, sister of Harry Hersckel Clemens, deceased, and the executrix of his will, has appealed from an order directing her to pay a family allowance to Jacqueline Clemens, widow of deceased. She challenges the validity of the latter’s marriage on the sole ground that the widow’s earlier marriage to one Howard Nielson had not been legally terminated.

Jacqueline Clemens and Harry Herschel Clemens, a physician, were married in Las Vegas, Nevada, on August 10, 1958. The next day the bridegroom became ill and on August 14, 1958, he died in Pasadena. He left a will dated January 21, 1952, which made no provision for this respondent. While this appears to have been his first marriage, his wife, the respondent in this case, had been previously married to Roger Mallory (in 1945), to Howard Nielson (in 1948) and to William Lloyd (in 1955).

The sister, who is executrix of the will, resists the order for payment of the family allowance because it appears to her that Nielson obtained the divorce from the present Mrs. Clemens at a time when the court in the state of Nevada which granted the decree had no power to do so because, she asserts, Nielson was not a bona fide resident of…