HomeMy WebLinkAbout0099 . ~ 3~2079
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~ U~IV THE CIRCUIT COURT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
CASE NO. ??-12-CP
IN RE: THE ESTATE OF .
GEORGE KASNIE, Deceased. :
SUAiMARY JUDGMENT
This estate came on for hearing upon biotion for
Summary Judgment filed by the duly appointed Personal
Representative, RUPERT JASEN SMITH. This motion is dir-
ected to Election to take Elective Share and Petition for
Family Allowance filed herein by Rachel Padgett. The Court
has considered the file, pleadings and deposition herein as _
well as memorandum briefs submitted by counsel and argument
by counsel. The Election to Take Elective Share and Petition
for Family Allowance filed by Rachel Padgett must stand or
fall upon whether or not she was the lawful wife of the de-
cedent at the time of his death. If she was not the lawful
wife of the decedent then neither of her said claims can be
maintained. It is without dispute that Rachel Padgett and
' the decedent never were formally married. She bases her claims
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~ upon an alleged common-law marriage to the decedent.
~ Factually, it appears that Rachel Padgett and the de-
cedent commenced living ~ogether in decedent's residence in
~ Fort Pierce, Florida in November or December of 1969, they both
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being adults and Florida residents. According to Rachel Padgett,
in December of 1970 she and decedent agreed to become husband
and wife while still residing in Fort Pierce and that they there-
~ after lived and cohabitated together until the decedent died on
January 6, 1977. Legally, of course, Rachel~Padgett-•and~the
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~ decedent could not have consummated a common-law marriage in
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~ Florida, they not having known each other prior to January 1,
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~ 1968 the date upon which common-law marriage was abolished in
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