Flaherty v. Feldner

ERICKSTAD, Chief Justice.

John H. Flaherty, Jr., (John, Jr.) appeals from a Ward County judgment dismissing his petition to set aside informal probate of the will of John J. Flaherty (testator). We reverse and remand.

Elizabeth “Bessie” Rock Matthews married the testator on March 21, 1938, and on April 12, 1938, gave birth to John, Jr. The testator subsequently filed suit for an annulment of the marriage in June of 1939. The testator’s complaint alleged that his consent to marry Elizabeth Matthews was procured by fraud, namely, that Elizabeth Matthews fraudulently represented the testator was…