Marriage—White and Colored Persons.—A marriage between a white man and a colored woman is forbidden by the law of California, but if such a marriage is contracted in a state where it is valid, it will be recognized in this state.

Family Allowance—Validity of Marriage.—-Where a colored woman claims to be the wife of a decedent by virtue of a marriage contracted in another state, she must, on her application for a family allowance, establish the marriage by a preponderance of proof, and no presumption will be indulged in her favor.

Family Allowance—Disputed Marriage.—-Upon an application for a family allowance by a woman whose marriage to the decedent is disputed, her marriage must be established by the same quality of proof as in any other case.

Contract Marriage.—An Agreement to be “Husband and Wife” is

distinguished from an agreement to live together as “man and wife.” The latter agreement does not constitute a contract of marriage, and living together as “man and wife” does not constitute marriage.

Contract Marriage.—In Considering the Claim of a Contract Marriage, the circumstance that the alleged widow, a few days after her alleged husband’s death, stated to the executors of his will that she was with child by him, and did not then or until sometime afterward assert her claim to widowhood, is to be taken as strongly negativing such claim.

Contract Marriage—Evidence.—The Acts of a Testator in making a bequest to a woman under a surname other than his own and describing her as his housekeeper, and in acknowledging a deed before an officer as an unmarried man, are evidence as to the truth of the facts so stated.

Void Marriage—Legitimacy of Issue.—Where the claim is made that a marriage was contracted in another state, which, if there contracted in fact, is valid under the laws of that state, and hence valid in this state, although such marriage would have been void if contracted in this state, the provision in section 1387 of the Civil Code that the issue of all marriages null in law are legitimate has no application.

Family Allowance—Void Marriage.—The court in this case finds: That the petitioner is not the widow and her child is not the child, either legitimate, adopted or illegitimate, of the decedent, and that the application for a family allowance should he denied.