Estate of Winters

*132 About 1845-6, Winters, deceased, intermarried in Ireland with one Catharine, now living, which relationship has not been dissolved, although he soon deserted her and came to America. In 1857 he married Ann, or at least the ceremony of marriage was performed, and he lived with her until his death in 1869, and had several children by her. He made a will giving all his property to Ann. She was aware before his death (not before her marriage) that Catharine claimed to be his wife; but she, in administering the property, treated it as the community property of herself and deceased.

The property was accumulated in business during the time of the relations between deceased and Ann.

Upon the hearing for distribution, Ann claims that if she was not the wife of deceased, she was his business partner, and that she is entitled to one-half of the entire property as surviving partner, and to one-half of the other half (being all that deceased could dispose of by will) under the will.

There is no evidence that deceased and Ann at any time contemplated or formed a commercial or business partnership; it was marriage they had in view; that is, she intended marriage, and he imposed upon her…