In re Estate of Randall

WAGNER, Senior Judge:

The question presented by this appeal is whether an action for annulment of a marriage based upon a claim of lack of mental capacity of the husband may be maintained after his death. We conclude that it cannot because under our statutory scheme, such marriages are voidable, rather than void ab initio, and their nullity can be declared only from the date of the decree. Therefore, we affirm the trial court’s order granting appellee’s amended motion to dismiss.

I

Factual and Procedural Background

Appellant, Wallace Randall, as next friend of his father, Darrell Randall (Dr.…