
    Telts et uxor versus Mary Foster and Thomas Williams.
    Cohabitation and having children is evidence of a marriage.
    THE plaintiffs were entited by the will of Foster, deceased, to a considerable part of his property, in the event of his widow, Mary Foster, the now defendant, marrying again. The bill charged that she was married to the other defendant, which they severally denied by their answers.
   Moore, J.

The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.

Verdict accordingly.  