Gary v. Gary, 490 S.W.2d 929 (Tex. Civ. App.-Tyler 1973, writ ref'd n.r.e.) was a dispute over worker's compensation benefits between the parents of the deceased worker, Charles, and two woman who both claimed to be the common law wife of Charles. Gary, 490 S.W.2d at 931. After one of the women was dismissed on summary judgment, the jury heard evidence and found the other woman, Wanda, was Charles's common law wife at the time of his death. Id. The evidence indicated that Wanda married Charles, her third husband, in 1960 and divorced him a year later. They remarried the next year, but Wanda obtained a second divorce later that year. After the second divorce, they lived together for a while in various cities for almost six years. However, the couple did not live together for at least a year before Charles's death and Wanda did not begin referring to herself as Wanda Cegale Gary until after his death. Id. In Gary, Wanda did not argue she had an express agreement to be married to Charles, but asserted the evidence supported the finding of an implied agreement to be married. Id. 490 S.W.2d at 932. There was evidence that Charles occasionally introduced Wanda as his wife, but "since Wanda had twice been his wife by ceremonial marriage, and since neither Charles nor Wanda were sure their second divorce in 1962 was valid, the occasional use of the term 'wife' is of no probative value." Id. at 933. Further, there was evidence that neither party was sure that the second divorce was valid because they had not established residency in that county. They decided to resume living together thinking it was not necessary to go through another marriage ceremony. Id. The court of civil appeals stated that even if they agreed to go back together, because of the uncertainty over the validity of the second divorce, any agreement did not include an agreement to "become again husband and wife." Id. at 934. Thus, the appellate court concluded there was no evidence to support the jury's finding of a common law marriage. Id.