D'Ippolito Estate

Dissenting Opinion

Lefever and Shoyer, JJ.,

June 4, 1965. — It is firmly established that a spouse who voluntarily enters into a ceremonial marriage cannot challenge the validity thereof on the ground that his possibly subsisting prior marriage constituted an impediment to the challenged marriage: Commonwealth ex rel. Wenz v. Wenz, 195 Pa. Superior Ct. 593. In the instant case, decedent voluntarily and willingly contracted the challenged marriage with claimant; in fact, she urged claimant to marry her.

Decedent’s sisters, who claim her estate, are in no better position than decedent, since their…