Gibbons v. Blair

MESCHKE, Justice.

We consider whether a father may sue his deceased son’s widow to annul the marriage for fraud. We hold that he may not.

Rodney A. Gibbons sued Brenda K. Blair Gibbons seeking the annulment of the marriage of his late son, Steven Gibbons, and Brenda, asserting that Brenda had fraudulently induced Steven to marry her by promising to make Steven the “daddy” of her baby. Brenda’s answer denied fraud and asserted that the father lacked standing to bring the action. The district court granted Brenda’s motion for summary judgment dismissing the complaint, holding that a marriage is…