By ROBERT E. LEE
(For the N. C. Bar Association)
Are “common-law marriages .
recognized in North Carolina'.’ *
No. Common-law marriages |
have never been recognized in
Most states until recent years
recognized common-law marri
ages. At the present time they j
are permitted in eighteen States. I
They are: Alabama, Colorado,'
Florida, Georgia Idaho, Indiana,'
lowa, Kansas, Michigan, Missis-:
sippi, Montana, Ohio, Oklahoma,
Pennsylvania, Rhode Island, j
South Carolina. South Dakota, I
Common-law marriages, in
North Carolina In The
Chowan Countv Superior Court
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
William Thomas White.
Ruby Bell White,
Defendant. , j
To: Rubv Bell White: Take
A pleading seeking relief:
against you has been filed in the ■
above entitled action. <
The nature of the relief being |
sought is as follows:
Plaintiff seeks an absolute di-j
vorce from the bonds of matri-;
money heretofore existing be-|
tween the plaintiff and the de
fendant on the ground of sep
aration for more than two years
next preceding the commence-,
ment of this action.
You are required to make de-|
sense to such pleading not later
than the 9th dav of February.
1961. and upon failure to do so,
the party seeking service against i
you will applv to the Court for
the relief sought. '
This 26th day of November.
LENA M. LEARY.
Superior Court. j
Dec 188.8.131.52 c _ |
Having qualified as Co-Execu
tors of the estate of Mrs. Dun
can Winston Wales, deceased, j
late of Chowan County, North
Carolina, this is to notify all
persons having claims against
the estate of said deceased to
present them to the undersigned
within one year from date of
this notice or same will be
pleaded in bar of their recovery.
All persons indebted to said es
tate will please make immedi
This 24th dav of November,
CHARLES P WALES.
BETTY W. SILVER,
Mrs. Duncan Winston Wales
Nov24.Dee 184.108.40.206.29 c
mi f}l*»n‘l efl liis koy
K !•»*»• ■'** '* ‘ POf ** <>>,<» fi&jjSfciffii
Mill ~A | Vi*:MT HIHb
+ aKi|p " 'lfliSß
$Q.95 SO- 50 :«3
CODE MO. 2W CODE MO. IM
iuJtOED WWSJCTf • FULL 86 PROOF ■ NEUTRAL
those jurisdictions where such
i are authorized, are just as bind
! ing as a ceremonial marriage,
j They can be terminated only by,
annulment or divorce,
: What is a common-law marri
To constitute a common-law
marriage there must be a pres
ent agreement between a man
and woman, eligible to enter in--
■ to such relationship, to take each
1 other as husband and wife. All
I that is necessary is that the par
l ties shall intend to marry, and
| their intention may be proved
cither by their words or by
their conduct. No solemnization
or other formality, apart from
the agreement itself, is neces
sary. No witnesses are required
The agreement being the es
sential element in these marri
ages. it may, like any other
agretment. be proved by words
or by conduct, and by the testi
mony of the parties themselves
or by the testimony of third perl
What are the requirements of
a valid marriage in North Caro
Briefly stated, any man and
woman entitled by law to be
married may do so by appear
ing together before a minister or
justice of the peace and volun
tarily expressing their serious
intent to be husband and wife,
and having the minister or jus-'
t ice of the peace declare them 1
man and wife.
No witnesses are required.
What are the marriages pro-j
hibited by the law of North!
Interracial and bigamous mar-j
riages are absolutely void. A j
marriage between a white per
son and a Ne.gro is an example
of an interracial marriage that
is void. If a man enters into
I Plants & Shrubbery!
| FOR SALE |
j Early Jersey Wakefield And
| Asgrow Early Round Dutch \
| Steel's Jumbo Pansies in i
| mixed and separate colors, f
i Sweet Williams (tail and
| dwarf), English and Shasta
1 [ Daisies, Candy Tuft, Bas
: j ket of Gold.
j Nursery Stock
;} Hollies, Azaleas ( tall and
! I dwarf V, Camellia, Junipers,
I \ Legustum Pyracanthia.
| Wc Guarantee The Plants
II Leary Plant Farm
EDENTON, N. C.
' | Phone 2744
, l Located In The Heart
Os Rocky Hock
a second marriage before his
first marriage has been dissolv
ed by divorce or death of his
first wife, the second marriage is!
bigamous and void.
The following marriages are
j merely voidable—that is, they
are valid until they have been
declared void by the court in
an annulment proceeding: (1)
marriages between two persons
nearer of kin than first cousins;
(2) marriages where one of the
parties is less than sixteen years
of age; (3) marriages when eith
jr party at the time is physical
y impotent: (4) marriages in
which one of the parties is in
capable of contracting for want
of will and understanding; and
i 4) “a marriage contracted under
t representation and belief that
he female partner to the mar
iage is pregnant, followed by
he separation of the parties
within forty-five days of the
narriage which separation has
been continuous for a period of
me year shall be voidable: Pro
vided, that no child has been
born to the parties within ten
lunar months of the date of sep
North Carolina forbids the
marriage of double first cousins,
but marriages between first
cousins are valid.
Mrs. Summerlin Dies 1
After Lengthy Illness
Mrs. Wortley Long Summerlin,
50. died Wednesday morning of
last week at 11 o’clock in Cho
wan Hospital after an illness of
two years. She was a native of
Perquimans County and lived on
Route 2 for 12 years. She was
the daughter of the late Mr. and
Mrs, O. C. Lon,g, Sr., and was a
member of the Bethel Baptist
Surviving are two sons, Tom
my and Eddie Summerlin, at
home: a daughter, Mrs. B. P.
Cave of Brunswick, Ga.: two!
brothers, O. C. Long. Jr., of!
Edenton and R. W. Long of Eliz
abeth City, and two grandchil
Funeral services were held at
the Bethel Baptist Church, Fri
day afternoon at 2 o’clock with
the pastor, the Rev. Bryan Hollo
man. officiating, assisted by the
Rev. Thurman B. Allred, pas
tor of Rocky Hock Church. >
Burial was in the Bethel Church
The Army’s Christmas - New
Year leave program for those
volunteering for the regular
army during the holiday period
goes into effect December 12,
George R. Moore, sergeant in
charge of the Elizabeth City Re-
I cruiting Station has announced,
i The holiday leave program is
designed to permit those youths
I who anticipate enlisting in the
! Regular Army to do so and then
I spend the Christmas-New Year’s
j holidays at home before report-
I ing to the Reception Station.
THE CHOWAN HERALD. EDENTON. NORTH CAROLINA. THURSDAY. DECEMBER IS. 1960.
KNOW YOUR SOCW. SECURITY
■l*hn T. Grooms, representative of the Social Security
Administration, is in Edenton every Thursday at the Noilh
Carolina Employment Security Commission office in the
Cuuens Bank Buiidng.
About 125,000 disabled work
ers under age 50 and their fami
lies are now eligible for social
security disability insurance
benefits. Before recent changes
in the law, only people between
50 and 65 could receive disa
bility payments. People under
50 years of age could have their
earnings frozen, but could not
Most persons under 50 who
had had their social security
records frozen had been contact
ed by his office, and steps tak-j
en to start the payment of their j
If you have had your social
security record frozen, but have
not yet received a letter asking
you to get in touch with your
social security office, you should
do so as soon as possible. If
you are severely disabled, and
worked under social security for
at least 5 of the 10 years be
fore you became disabled, you
should also contact the office if
you have not done so. Disa
bility insurance benefits may be
BEGINNING TOMORROW - 9 O’CLOCK SHARP!
mm CLEAN HOUSE
Mmgm/ REAL QUALITY
m , PIECE GOODS
¥■M S THOUSANDS OF YARDS OF REAL 'QUALITY FA BRIGS . . . FROM AMERICA’S BEST MILLS . . .
// ALL THIS SEASON’S PATTERNS ... GO AT DRASTIC REDUCTIONS! WE MUST CLEAR THE
f ! ' TABLES .YOIF FOR ALL THE HOLIDAY GOODS POURING IN. RUSH DOWN EARLY TOMOR
ROW! TFLL YOUR PRIENDS AB OUT IT. EVERYBODY’S COMING!
|fc SALE! FINE SHORT LENGTH COTTONS nn
j ' FINE MERCERIZED BROADCLOTHS 45 inches wide! LOVELY DRI PRINTED COTTONS in
' jt' \ a glorious collection of patterns. REGULAR VALUES TO 79c. To the "Early Birds"
ftfli SALE! SPRINGKNIGHT DRIP-DRY PRINTS a a
l\ l \ A lovely quality Printed Drip-Dry Cotton. All 38-inches wide, fast colors. A beautiful collection of (LLLfiC
L. J/' Jp HI A A Prints to choose from. You'll want plenty of these.REGULAR 59c VALUES
f Stile! Fine Cottons... Woven Ginghams .. , Novelties
A wonderful collection of fine Fabrics! Highland Park Woven Ginghams! Northampton Drip-Dry
V a liJi&Oaf Cottons! Town Tone super-fine Prints! These come in all the late Fall patterns in a smart collection
of colors! Rush down early for your first choice!
\ THESE ™ E PIECE COODS c. . . r C1
’ V% A '.\ SELL HEGULABLY OP J> AL L ft |C
R TO 89c A YARD! JL
SALE! FINE DRESS FABRICS
Jo*-, Beautiful late Fall Piece Goods in a variety of nationally advertised lines.
Benrose Taffeta Prints! Apple Checks! Anderson's fine Woven Ging-
A. ' -Ov, ’j: I hams! Caribe woven Plain Fabrics! Novelty Flannels! A wonderful
coilection te TOU * “ lection!
REGULAR VALUES CA I IT CQ
I up TO $1.19 yard! S A. L £ jC
NEW FALL WOOLENS ' ■ |§ir J|l
DRASTIC REDUCTIONS rDRCkDIN PTtTF
AH Fall Wools included! Soft Plaids! Fine Tweeds! Stripes! IjUIUjEiUUij A ILUdz
In a large collection of new patterns .. . PRICES SLASHED! , ’ • UES TO SI Y 0 - *
WOOLENS up to $2.29 yd $1.67 . • ; ‘
You 11 find some outstanding Fabrics in this
i. _ _ group! Signature Prints! Revkhsen Cottons!
WOOLENS up to $3.19 yd. $2e29 Gates Dri P- Dr T Prints! Wamsutta fine Pima^Bj^f^BjK^t
- - -- - - Printed Cottons They're exceptional values
Make your plans right now to be at BELK-TYLER’S Piece Goods Department early tomor
row morning . . . Let nothing keep you away!
vHQBIh 11 p * 11
MQyQF iv m n iv /V * «
payable to you.
OASI-1960-1, a new leaflet ex
plaining the recent changes in
the Social Security Act, is avail
able at the Norfolk, Virginia,
office. Stop by and pick up
your copy. Or, if you are un-1
able to do that, write or phone i
the office and they will be .glad
to send you a copy.
MAKES A COMEBACK
In 1954 Gene Tierney volun-,
tarily committed herself to in
stitutional caj-e. Now complete- ■
ly cured, she tells a powerful!
story of her illness and how
she finally* overcame it ... in!
the December 18th issue of the (
American Weekly with the
on sale ai your local newsdealer ‘
KIDNEY DANGER SIGNALS j
<*etting up nights, burning, frequen! |
or scanty .low, leg pains or backacht i
may be warning of functional kidney |
disorder*—“Danger Ahead.” Help na- >
ture eliminate excess acid and other I
wastes. Flush kidneys with BERETS, j
Your 50c hack at any drug store in J
DAYS if not pleased. NOW at
• BIRTH ANNOUNCEMENT
| Chief Petty Officer and Mrs. 1
Colon Butler announce the birtli
i of a daughter, Debra Sue, born
December 7, at Peninsula Gen
eral Hospital, Salisbury, Mary
land. Mrs. Butler is the form
er Miss Ada Marie Nixon of
Route 1, Edenton. >
More than half the difficulties
of the world would be allayed
j or removed by the exhibition of
Now! You can gel ;he fast relief you
need from nagging backache, headache
\ and muscular aches and pains that often
• cause restless nights and miserable tirod-
I nut feelings. When these discomforts
1 ■ come on with over-exertion or stress and
Ftrain —you want relief—want it fast !
| \nother disturbance may be mild bladder
I irritation following wrong food and
j drink—often setting up a restless un
• comfortable feeling.
Doan’s Pills work fast in 3 separate
I ways: 1. by rpcedy pain-relieving actio;.
I to ease torment of nv.gging backache,
headaches, muscular aches and pains.
2. by soothing effect on bladder irrita-
Ition. 3. by mild diuretic action tending
to increase output of the 16 miles of
>Enjoy a good night’s sleep and the
i amt* happy relief millions have for over
60 years. New, large size saves money,
i’.ot Doan’s Pills today 1 g
i Doan s Pills
So Fine, So Famous, So Sure To Please j
THE iK ****
DELICIOUS 1! 1
||SSPe , i
* VISIT OUR CANDY DEPARTMENT TODAY
HOI ,1.0 WET L’S 1
We Deliver Phone 2127 |
TRY A HERALD CLASSIFIED AD