March 25, 2006

View Comments | Post Comment

Everything that can possibly have happened has happened

One of the interesting things about studying law is that you realize, in reading over case law, that every possible occurrence has occurred. Every once in a while, you come across a case that reminds you that every "What if..." has come to pass, and that the law is necessarily rigorous because, much to our surprise, this shit actually happens.

I came across just such a case today in a footnote to my property reading. In re Neiderhiser's Estate, 2 Pa. D. & C.3d 302 (Pa.Com.Pl. 1977). The case deals with the distribution of the property of one Robert Neiderhiser after his death--a death which occurred in the middle of his wedding to Naomi Neiderhiser nee Nicely, directly after vows and prior to the pronouncement of marriage. Is the wife entitled to her statutory share in his estate? Check Westlaw for the exciting conclusion to this common example of an uncommon occurence. Yep. This shit actually happens.

"6. This being a single ring ceremony, Robert R. Neiderhiser, repeated the following words after placing a ring on the fourth finger of Naomi Nicely, and saying after the Minister--"With this ring I thee wed, In the name of the Father; And of the Son; And of the Holy Spirit. Amen."

"7. The Minister then commenced the prayer generally recited after the exchange of vows by the parties, and at some point during the prayer, the minister noticed that Robert R. Neiderhiser began to gradually slump to the floor.

"8. After a question of inquiry of Naomi Nicely, and while the said Robert R. Neiderhiser still exhibited life, the said Rev. Jacobs did cut the ceremony short and pronounced them husband and wife, either shortly before Robert R. Neiderhiser completely fell to the floor, or right after he hit the floor and prior to his decease."

Posted at March 25, 2006 1:00 AM | Comments (5)


Comments

Post a new comment


I noticed the interesting picture, but no caption. Where is that picture from?

-Z-

Posted by: Zeeshan at March 23, 2006 5:25 PM


It's from zombiepictures.westlaw.com

Posted by: David Barzelay at March 23, 2006 5:27 PM


I would say she shouldn't get shit, because a simple title a mairrage doth not make. Meaning, yeah, maybe they were legally married at that moment (or almost legally married), but that doesnt mean she's entitled to his money. I would guess that the purpose of your spouse taking control of your assets after you die is that since you have been living life together as one, that you have both contributed in at least indirect ways to your assets. Unless this woman was already living with him for a long time, she is already accustomed to living independently, and it wouldnt be that hard for her resume an independent life. But, if noone else has any substantial need for the man's estate (i.e. children) then I don't see why she shouldn't have it. Where else is it gonna go to? After the wedding expenses are taken care of, naturally.

But hey, I cant find this case. What was the thrilling conclusion?

Posted by: Chris Santoro at March 23, 2006 7:17 PM


The whole practice of individuals getting part of their deceased spouse's estate started in feudal times. There was a need for the patriarchal class to keep their estates unified, intact, and under the control of a single male. Wives were to be taken care of throughout their lives, and thus were entitled to some property interest. Upon marriage, a wife moved into the protection (financial and otherwise) of her husband. As my book says, "Husband and wife were regarded as one, and that one was the husband."

So, when a husband died, the wife would typically get a life estate (possessory interest for the duration of her life) in 1/3 or 1/2 of the property, depending on whether there were other heirs. On the other hand, if the wife died, the husband got 100% of her property, as long as the pair had had a child. It's all really stupid and complicated.

Posted by: David Barzelay at March 23, 2006 7:36 PM


But what was the ruling?

Also, once you make your first couple 100k and pay off your debts, will you marry me?

Posted by: Chris Santoro at March 24, 2006 7:45 PM

Post a new comment