## Facts

- Nathaniel Butler, Jr. married Georgia Mae Butler in 1946; they separated around 1947.
- Nathaniel told Georgia he had obtained a divorce, but Georgia was never served with divorce papers and did not pursue a divorce herself.
- In 1950, Georgia married James Whitfield while Nathaniel was still alive; because the first marriage was never dissolved, Georgia’s second marriage was legally bigamous.
- In 1963, Nathaniel married Rosa Butler and lived with her as husband and wife until his death in 1975; Nathaniel told Rosa he was divorced from Georgia.
- In 1981, about six years after Nathaniel’s death, Georgia petitioned to be appointed personal representative and to obtain benefits as Nathaniel’s surviving spouse.
- Rosa objected, asserting Georgia had repudiated the marriage by entering and maintaining a bigamous marriage and therefore could not claim widow status.

## Issues

1. Whether a spouse who entered into and maintained a bigamous second marriage while the first spouse was alive, without obtaining or verifying a divorce, is equitably estopped from later claiming surviving-spouse status in the first spouse’s estate.

## Decision

- The appellate court affirmed.
- Georgia was equitably estopped from asserting surviving-spouse rights in Nathaniel’s estate.
- Georgia could not be appointed personal representative or receive surviving-spouse benefits.

## Legal Principles

- Equitable estoppel may bar a party from asserting surviving-spouse rights when that party’s conduct constitutes a repudiation of the marital relationship and the later assertion would be inequitable.
- Entering and continuing a bigamous marriage, without reasonable steps to confirm dissolution of the prior marriage, may evidence repudiation sufficient to support estoppel.
- In applying estoppel, courts may consider reliance interests arising from a later, long-term marriage and the inequity of allowing a belated assertion of first-spouse status after the decedent’s death.

## Conclusion

The court held that Georgia’s long-term conduct in living as remarried without confirming a divorce amounted to a repudiation of her marriage to Nathaniel, making it inequitable to permit her to assert surviving-spouse status against Rosa and the established second family relationship.


In re Estate of Butler, 444 So. 2d 477 (Fla. Dist. Ct. App. 2d Dist. 1984)