The Hawaiian gazette., 1869-04-07
Mu,r Corsrrrrrrs LAwru1. MARR1AeE.-

| WHAT CONSTITUTES LAWFUL MARRIAGE
A remarkable case has just been tried In
| Westchester county. before Justice Gilbert
Some years a.o William Taylor, formerly
resident OF New YORK, and subsequently of
Rye Neck, in the town of Rye, and in the
same county, died and was buried, leaving
the whole of his property, amounting TO
more than half million, to three daughters
and one son, as his heirs. In addition to
these there appeared other claimants In the
person of Mrs. Catherine Pauline Taylor,
whose maiden name was Kate Aylward, and
her two children, as the widow and offspring
of the deceased William Taylor; and to test
the validity of :his claim, Mrs. Mary Van
Tuyl one of the married daughters of
Mr.. Taylor, commenced suit against
the other claimants, for a partition OF
the property. The deceased, it appears, died
intestate, and hence no other course than
this was open to the claimants. Eminent
counsel appeared for both the contestants,
and the leading features of the case having
been presented to the Court, 1t was decided
that the defense should proceed to prove the
legitimacy of the children alleged to be the
offspring of the deceased. The case was
opened by Samuel Z. Lyon, on behalf of the
children, and Mrs Catherine Taylor deposed
to the circumstances which led to her inti-
macy and subsequent marital relations with
Mr.. Taylor. She was engaged in his house
as a seamstress and ehambermad, and first
made his acquaintance in March 1855, in
New York After the death of his wife, and
in May of the same year, when the family
removed to Rye, she accompanied them.
She was then II years of age, and Mr.. Tay-
lor about 80. He began his courtship by
paying marked attentions to her, and as he
did not live very happily with his family, he
came to see her very frequently, and finally
made proposals to her in her own room, tell
ing her that he wanted somebody to be more
of companion to him than his daughters
were. He spoke of marriage, and she said
she did not think rich and poor should go
together. He was very urgent and very af-
fectionate, insisting that the marriage cere-
mony was not necessary in their case; that
the fact of their intimate relations would be
sufficient proof of their marriage, and that,
as to rich and poor, he married his first wife
in calico dress, and so she finally consent
ed to stand In those relations with him, espe-
cally as he offered to have the marriage sol
emnized at the expiration of two years If she
should then desire it. She bore three chill
dren to him, one of whom died. He visited
her regularly two or three times a week,
taught his children to call him papa" and
was very ford of them. She had introduced
him as her "husband" to friends, and he
never objected-and be frequently called her
"wife " and Kate" He bought a house at
Harlem for her to live in, and she received
him there few days before his death. He
was very weak, and she had to support him
on her arm across the bridge. She heard of
his death through an anonymous hand. He
was always very Kind to her, and provided
her with every necessary she required.
The jury returned a verdict to the effect
that Mrs. Taylor was the lawful wife, and is
the lawful widow of the late William Taylor,
and that the children are his issue by her.
Ex-Judge Nelson asked to have proceedings
stayed to give time to carry the case to the
general term of the Supreme Court aud 80
days were allowed for that purpose. Mrs.
T. received the congratulations of her
friends on the result.-Ne1g York Sun.