Show fc AFFIRMS FINDING i OF TRIAL JUDGE I Ii i Supreme Court Passes Upon Polygamous Marriage in Poppleton Estate CUTS OFF THE WIDOW U 1 Second Contract Comes Conies WithIn Within With- With Mn In in Meaning of Will Wilt and Debars Her I L I A decision Involving In tie the views Ie of y t t tho hu iu rem court regarding poly amOu marriage WB handed down I when that body boly affirmed tilt HID finding of ot the lower court In the lie malter mather matter mat mat- ter her of ot U the estate of William Poppleton Popple- Popple ton d deceased d. d The original action grew out of or the claim of reAh Leah Perk Perks polygamous wit wife of or William t to tet her Jer share harr of tho ho estate of or the he late Ifill William Popple- Popple ton The will wUl provided prO that certain property should hoUld be he hers hem on condition that she ehe did not marry murry again an and 1 that In the o of her contracting H. H r t marriage only the lioU houf I In which she ahe lived and ten acres acre o of ground was u her f I At the time of or her suit null In iii the lower lowe court the claim was aa made marle that sli ho eho bird hod not again married and aiti was there there- P. P r ioro loro untitled to her full share sharo of th the property under the will Th The Tho fac act f. f f was established however howe that lint she rillO line hart I contracted a a. second polygamous mar mar- rias-o rias with one ono Crab tree some ome time prior to October 1883 Meaning lc of Marring The point which tho the lower court was called upon to 10 decide was wan wh whether lher or ort t not the t testator Intended that only a a. legal marriage should interfere with i the tho Inheritance of the full share as aH S set fiot forth or whether a n plural or polygamous marriage e could he ho as a marriage In the sense intended A I ml mass of 0 evidence was Introduced tending to 10 establish the precise legal S moaning meaning of ot the term marriage but the tire 5 5 court finally concluded that the polK S marriage while not a a. I legal al marriage came camo within tho the moaning meaning of or the tho word as ns used in tho ho will wUl and was wall S. S therefore sufficient to lo debar lebar her from front frontS frontS' S' S all nil property except the tho house and ten v. v S acres of or land The attorneys for or Leah ah P took look tire tho ground that the worl worth word marry rr should be he construed 1 in it Its ita technical Bons b by marry marr again that the ter- ter S meant enter Into that relation which a man and a R single worn vom t 5 sIn assume towards each other othel when thc they are arc married Uphold I I Court i On this point the ruling of or the com court t A. A la Jo as follows 8 If It the testator hind had hadiL hindt I iL t been living IJ In and had 1101 been practicing S In ing tho usual customary dom domestic re relations re- re lotions lations as ns the they applied to those who accepted and practiced the tho of then th the system o In using term terra marry n again It would be bo Ion roa- Ai to suppose that he ire u a monogamous marriage The Tho testator S tek however hoc was u of or his own and ho he could Impose nn any la lawful 1 POll n n W 1 that to him st seemed proper If he thus thu believed In iii a n. peculiar system of or marriage marriage mar mar- rinse and practiced that thal system with the tho cr very person upon whoso whose bequest ho he Imposed tho condition U It docs loes not follow that thai ho lie II necessarily l' l II referred to toS toa S 1 a monogamous marriage only In the of or anything else olse In his will to Indicate his bitt meaning of marry marl agaIn that term ml might hl refer to 10 either system But Dut In his will wilt ho hue speaks of or only Pile one woman as thiS his wife wire The b be- be In her favor are arc absolute and unconditional But Dul when he ho refers to tho appellant he ho calls her h by name nam only and then disclose that thal ho ha hll has sustained certain relations to lo her h by reference to the children of or hers an as being his offspring offspring- lIe He al also o refers rde to lo another woman In 11 the sauna same Wf way arid and nd 1 I Imposes 8 tire the same Fame upon tho ho bequest mado made In her rn favor o It thus seems clear that thul It Lt was wa tho the Intention of or the tc testator to make mako provision pro for fOl or his different JIM families an and thus titus provide homes for each o oC of them tern In case cane however how how- over ever that either of tin the two women named should enter Ilter Into the relation of marriage again then the lie major portion of or th the tH given gl her and go so to the chil- chil dron which wet vem the tho Issue of or the mar mar- riago relation existing between the testator tea tes and the tho oman n named In lii lh particular bequest In view Il of or the th S time at which th the will waa aa and ani aniS S tho tire state tato of hue tho domestic relations then prevailing among man many of the Reel to which th the t testator lator and both S women belonged It 11 is Ie manifest unit that unitS S his hi view Il to again f did not ex exclude ex- ex S dude clude a n polygamous S Tho decision W Vias We II written b by Justice Trick and concurred t In b by both tho ho other oilier Justice |