MARRIAGE--COMMON-LAW MARRIAGE AFTER THE REMOVAL OF IMPEDIMENTS EXISTING AT THE TIME OF THE CEREMONIAL MARRIAGE

Authors

Abstract

An action was instituted for the removal of respondent as administrator of the estate of X, on the ground that the respondent was not the legal husband of the intestate. Both respondent and deceased had living spouses at the time they entered into a ceremonial marriage in 1898, but whether or not they knew of the impediments to the validity of their marriage did not appear on the record. In 1924, the last obstacle to their marriage was removed by the death of respondent's first wife. The parties cohabited for thirty years and continued so to do subsequent to. the removal of the last impediment. Held, a valid. common-law marriage arose upon the removal of the last impediment to the ceremonial marriage. In re Hoffner's Estate, 254 N. Y. 238, 172 N.E. 483.

Recommended Citation

MARRIAGE--COMMON-LAW MARRIAGE AFTER THE REMOVAL OF IMPEDIMENTS EXISTING AT THE TIME OF THE CEREMONIAL MARRIAGE, 29 Mich. L. Rev. 518 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/27