Richland Memorial Hospital v. English , 295 S.C. 511 ( 1988 )

Goolsby, Judge

(concurring):

I concur in Part 1.1 concur in the result reached by Part II of the opinion of Judge Shaw; however, I would affirm the finding of a common law marriage between the appellant Johnnie Mae English and Paul Nesbitt based on the presumption of marriage arising from cohabitation apparently matrimonial and on the failure of Mrs. English to repel this presumption by “ ‘strong, distinct, satisfactory, and conclusive evidence.’ ” Jeanes v. Jeanes, 255 S. C. 161, 167, 177 S. E. (2d) 537, 540 (1970).

Mrs. English testified she and Mr. Nesbitt lived together, off and on, for a 15-year period. A deed by which Mr. Nesbitt conveyed certain real property to Mrs. English shows Mr. Nesbitt considered Mrs. English to be his common-law wife.

Moreover, the couple acquired a general reputation as being married. Certainly, family members of both believed them to have married. The obituary published at Mr. Nesbitt’s death, which used information supplied by Mr. Nesbitt’s brother, lists Mrs. English as Mr. Nesbitt’s widow. One child of Mrs. English, Alex English, published an article in which he stated Mr. Nesbitt married his mother. Another of Mrs. English’s children, Deloris English Young, testified she considered Mr. Nesbitt to be her stepfather.