Legal Opinion · Dissent

In Re Estate of Soeder

Ohio Court of Appeals

Decided September 22, 1966No. 27581 and 27584Published

1DissentWasserman, J.

In reaching a decision it was necessary to analyze the record of testimony in this case and to interpret it in the light of the decisions of the courts of this state insofar as they are applicable.

In Carmichael v. State (1861), 12 Ohio St. 553, the Supreme Court (through G-holson, J.) stated on page 559, that:

<«#*# Th.e requisites to constitute a valid marriage, independent of any positive law, have been stated in many authorities, but it must still be a question on the facts of the particular case. It may be, that in most cases a ready answer may be given upon any statement of the facts,…

2Cases cited8 opinions

  1. In Re Estate of RedmanOhio Supreme Court · 1939
  2. Markley v. HudsonOhio Supreme Court · 1944
  3. Johnson v. WolfordOhio Supreme Court · 1927
  4. Gatterdam v. GatterdamOhio Court of Appeals · 1949
  5. In re Estate of McLaughlinColumbiana County Probate Court · 1963

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