Case Brief Assignment
PLAW 340

Mott v. Duncan Petroleum Transportation
51 N.Y.2d 289, 414 N.E.2d 657(1980)

Facts: Claimant predicates her claim for death benefits upon the existence of an alleged common-law marriage, contracted in the State of Georgia. She testified at the hearing of this matter that she and Mr. Mott traveled to Georgia on several occasions, staying there for weeks at a time with her daughter. She claims that the couple intended to take up permanent residence in Georgia, to start a business there, and to make Georgia their home, although it is undisputed that none of these intentions were ever fulfilled. Claimant also asserts that while in Georgia she and decedent lived together as husband and wife and represented themselves to the local community as such. On the basis of this evidence, claimant concludes that a valid common-law marriage was effected in Georgia.

Issue: Whether Mary and John Mott effected a common-law marriage in the State of Georgia by proper legal standard. Whether the Workers' Compensation Board erred in failing to properly apply the law of the State of Georgia in determining the Motts' marital status.

Brief answer: Yes.

Reasoning: “The Court held that the determination of the Workers' Compensation Board was premised upon an inaccurate view of applicable law, and the board also assumed that a mere "visit" to Georgia could not result in a valid Georgia marriage. Given the apparent liberality of the Georgia rule with respect to common-law marriages, this too was error. Finally, the board failed even to consider the behavior of the parties in New York as evidence of their intent to marry.” (Watts, 31 N.Y.2d 491, 495, supra.) “The Court concluded that the board applied an improper standard of law on the issue of marital status, and deemed it inappropriate to express our view as to whether the evidence in