Clayton v. . Wardell
New York Court of Appeals
Appeal from an order of the supreme court, reversing a decree of the surrogate of the city and county of Eew-York on a question of legitimacy.
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Appeal from an order of the supreme court, reversing a decree of the surrogate of the city and county of Eew-York on a question of legitimacy. George G. Messerve died in the year 1826, having made a will whereby he bequeathed to Wardell and others, his [231] executors, the sum of $10,000, and a share of his residuary estate, in trust, to pay the income quarterly to his son George Messerve during life, and after his death, the principal to his lawful issue: and in case of his death without lawful issue, to pay the principal to other persons. Geo. Messerve was married in the year 1825 to Sarah…
1Opinion of the Court
The sole question in this case is, whether the mother of Catharine Ann Clayton, at the time of her intermarriage with George Messerve, was, in fact, the wife of Richard Schenck. It is not pretended that there is any proof of the solemnization of such prior marriage — nor is such proof necessary. A valid marriage may exist without any formal solemnization. By the ancient common law of England, marriage, being regarded as a sacrament, must, to be valid, have been celebrated in facie ecclesiæ. But since the reformation, it has been regarded as a civil contract. And like every other contract, all…
2Cited by72 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Cartwright v. McGownIllinois Supreme Court · 1887
- Fisher v. FisherNew York Court of Appeals · 1929
- White v. WhiteCalifornia Supreme Court · 1890
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