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IN RE MAYALL

August 12, 1957

Petition for NATURALIZATION of Evelyn May MAYALL


The opinion of the court was delivered by: GANEY

This matter is before us on a petition for naturalization opposed by the Immigration and Naturalization Service on the ground that the petitioner has failed to establish that she has been a person of 'good moral character' during the five years preceding the filing of her petition, within the meaning of § 316(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1427(a). From the information presented to it, the court makes the following

Findings of Facts.

 1. The petitioner is a native and national of Great Britain, and has resided continuously in the United States since her arrival here on February 3, 1947.

 2. She was married on May 18, 1940, to Henry Frederick William Harbott in the County of Essex, England.

 3. On January 27, 1947, her husband obtained a decree of divorce against her in the High Court of Justice, Probate, Divorce and Admiralty Division, sitting at Strand, in the County of Middlesex, England, on the ground that petitioner had been guilty of adultery with one Elmer Russell Mayall.

 4. The decree of divorce named Elmer Russell Mayall as the corespondent; it did not contain any prohibition against petitioner's remarrying.

 5. The divorce law of Great Britain in effect at the time, permitted the remarriage of divorced persons 'as if the prior marriage had been dissolved by death.' *fn1"

 6. Shortly after the petitioner entered this Country in February of 1947, she came to Pennsylvania and has resided in this State ever since.

 7. On or about September 20, 1947, the petitioner and Elmer Russell Mayall obtained a Pennsylvania marriage license. Before obtaining the license, they made full disclosure to the Marriage License Bureau at Doylestown, Bucks County, Pennsylvania, of petitioner's previous marriage and divorce, and of his having been named as corespondent in the divorce decree.

 8. On October 2, 1947, they were married in the Scottsville Methodist Church, Bucks County, Pennsylvania. At the time, petitioner's former husband was still living. *fn2" This marriage was not consummated in Pennsylvania for the purpose of evading the laws of any other jurisdiction.

 9. From the date of her second marriage, the petitioner and Elmer Russell Mayall, believing themselves to be legally married, lived together as wife and husband in Pennsylvania. Subsequent to this marriage, two children were born to them in Philadelphia, Russell George and Walter Edward.

 10. On July 20, 1953, she filed her petition for naturalization. In this petition she fully disclosed the facts of her previous marriage and divorce in Great Britain and of her application for a license and marriage in Pennsylvania. At the preliminary examination of the petitioner before a Naturalization Examiner, she testified under oath that she had committed adultery in 1946 with Elmer Russell Mayall and that on account of this act her first husband obtained the British divorce decree against her.

 11. Except for the Naturalization Service's contention relating to the applicability of § 9 of the Pennsylvania Act of March 13, 1815, 6 Sm.L. 286, 48 P.S.Pa. § 169, the evidence establishes that petitioner is and has been a person of good moral ...


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