Evening star., 1896-08-25
A QUEER LEGAL TANGLE
Legality Of Washington Marriage In
volved.
Woman Who Does Not Know
Her BrOther-in-Law's Widow.

An interesting case is before the register
Of wills In Philadelphia, involving the le-
gality Of marriage in Washington in 1876.
Frederick Immendorf. a well-known Phil
adelphia liquor dealer died July 30, without
having made will. He left an estate val
ued at about $4,000. Martha Immendorf,
representing herself to be the widow, ap-
piled for and received letters testamentary
one week after her husbands death. Re-
Gently, however. two Of the children of the
testator by a former marriage, through
counsel, filed a petition with the register OF
wills. asking that the letters of administrs-
tion be revoked. In their petition they set
forth:
That the said Frederick Immendorf died
Suly ~, lS'6, intestate, leaving to survive
MIN Two children, your petitioners. and one
grandchild Mary Immendorf daughter of
Frederick Immendorf, jr. a deceased son.
fhat on August q, 1896. one Martha
" a&ner, claiming herself to he Martha Inn
mehdorf presented her petition to YOU SET
ting forth the death of said Frederick I'm
mendorf on July 30, 1885, intestate leaving
personal estate of the value of 500 and
real estate of the value of 5000 that she
was the widow of the said Frederick Inn
mendorf. and asked that letters of admin
istrauon upon said estate be granted to
her. ~
That on the same day. August o. 1896,
d
ihihlstration upon the said estate were
granted to the said Martha Wagner, under
lhe name of Mertha Immendorf
That the said Martha Wagner or Mar
ma ihlmehdorf, was not the wife of said
Frederick Immendorf during his lifetime
ana TIE granting cf letters of admiuIs;rs-
uoii upon the estate of Frederick Immen-
H1rl W 70 the said Martha Wagner otherwise
MARINA immendorf as his widow, was inn
proper, irregular and Illegal"
BACK OF this application there is quite an
interesting story, and II is upon these al
iesed 1acts that the grounds for the pres
eht proceedings are based, the reason adj
Fanced being the first OF its character eyer
asserted In an action brought before the
register Affecting a testamentary matter
ne testator has a brother named George
H. lmmendorf, and the pair were formerly
associlted in business in the lower section
OF the city, but In 1915 George H. instituted
proceedings in divorce against his wife
Martha lmmendorf, in Common Pleas Court
NO. J. alleging marital infdelity and nam
ing his brother. the testator, as correspond
ent. The decree I'm divorce was granted hy
the court carly in 1876, and some time there
after the respondent in the divorce suit and
her brothcr-in-law, Frederick Immendorf
visited this city. where they We're married
They afterward returned to Philadelphia
where they continued to live as man and
wife until the death of the testator, or the
3Uth of last July.
This marriage, so it is claimed by the
petitioners, was Illegal. under the act Of
the Pennsylvania assembly of March, lsl5
which says:
The wife or husband who shall have
been guilty of the crime of adultery shall
not marry the person with whom the said
crime was committed during the life of the
former wife or husband; but nothing herein
contained shall be construed to extend TO
or affect or render illegitimate any children
born Of the body of wife during coverture."
George II. Immendorf, the divorced hus-
hand of the Administrative, is still living.
and 1t is claimed by the children of the tes-
tator that the second marriage of their
father was Illegal. 1t is expected that some
very interesting developments will he ma lie
when the matter comes up for inquiry be-
fore the register next month.