Woodward v. Blake
North Dakota Supreme Court
Prom an order of the District Court of Wells County, Coffey, J., respondents appeal. The appellee never became the lawful wife of decedent, because she márried him within three months after decree of divorce was granted him from his then wife. That such marriage was in violation of the laws of the state and was void, and appellee never having been decedent’s lawful wife, she is not now entitled to administration of his estate. Comp.
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Prom an order of the District Court of Wells County, Coffey, J., respondents appeal. The appellee never became the lawful wife of decedent, because she márried him within three months after decree of divorce was granted him from his then wife. That such marriage was in violation of the laws of the state and was void, and appellee never having been decedent’s lawful wife, she is not now entitled to administration of his estate. Comp. Laws 1913, § 8657; Rev.'Codes, 1899, § 2736; Laws 1901, chap. 70. In states where the statute is penal in its nature, it is held that the incurring of the penalty…
1Opinion of the Court
Christianson, T.
On August 15,1904, an absolute decree of divorce was entered in the district court of Wells County, in an action then properly pending therein, divorcing Plinn H. Woodward from Kate Woodward. Thereafter on September 30, 1904 said Plinn H. Woodward was married to the petitioner, Blanche S. Woodward, at Minot, North Dakota. Prom the date of such marriage the said Plinn H. Woodward and the petitioner lived together as husband and wife-up to the death of said Plinn H. Woodward, which occurred on October 22, 1916. The petitioner thereupon applied to the county court of Wells county…
2Cases cited8 opinions
- Lanham v. LanhamWisconsin Supreme Court · 1908
- Wilson v. CookIllinois Supreme Court · 1912
- In Re the Estate of ElliottCalifornia Supreme Court · 1913
- McLennan v. McLennanOregon Supreme Court · 1897
- Hooper v. HooperOregon Supreme Court · 1913
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3Cited by10 opinions
- Reger v. RegerSupreme Court of Missouri · 1927
- Thomas v. MurphyCourt of Appeals for the D.C. Circuit · 1939
- Ex Parte Henry CastroTexas Supreme Court · 1925
- Davis Ex Rel. Davis v. JohnsonNorth Dakota Supreme Court · 1960
- In Re Estate of KinkeadSupreme Court of Minnesota · 1953
5 more not listed; retrieve them via the Exa API.