Appeal from Superior Court, Coconino County; J. W. Faulkner, Judge.
Reversed and remanded for new trial.
Leo T. Stack, of Prescott, for appellant.
Urban R. Miller, of Williams, and F. M. Gold, of Flagstaff, for appellee.
Stanford, Chief Justice. LaPrade and Udall, JJ., concurring.
Stanford, Chief Justice.
[65 Ariz. 244] This is an appeal from an action brought and decided in Coconino County, Arizona, asking for a declaratory judgment adjudging that defendant, Clara Esteline Worsham, is not the surviving spouse of Kenneth T. Worsham, who, while in the military service of the United States, was killed in action on or about June 24, 1944, in Italy.
Defendant, as Esteline Clara Johnson, and Fryer Preston Halsey, were married in Beckham County, Oklahoma, on May 2, 1934, as shown by a certified, but not authenticated copy of marriage certificate which was admitted as evidence in the case. At the time of her marriage she was under the age of fifteen years being under the claimed age of consent to get married in that state. On November 8, 1944, in Yavapai County, Arizona, defendant, Clara Esteline Worsham, obtained a decree of annulment of her aforesaid marriage, but prior thereto, on April 7, 1942, the said defendant [65 Ariz. 245] entered marriage relations with Kenneth T. Worsham at Gallup, New Mexico, as shown by the original marriage certificate admitted as evidence in the case.
The trial court by its findings found, in addition to the foregoing facts, the following:
"That said Kenneth T. Worsham was, at the time of his death, a legal resident of Coconino County, State of Arizona.
"That the plaintiff, Mary Bauchard, now is and ever since the 13th day of March, 1943, has been the duly appointed, qualified and acting administratrix of the estate of said Kenneth T. Worsham, deceased, under and by virtue of an order of appointment and letters of administration issued by the Superior Court of said Coconino County.
"That the plaintiff, and the defendant Sibyl Worsham Urban are sisters of said
decedent, and the defendant Milton C. Worsham is a brother ...