Payton v. Payne

Mr. PRESIDING JUSTICE PERLIN

delivered the opinion of the court:

Petitioner, Joseph Payton, guardian of the estate and person of Robert Payton, filed a complaint in the circuit court of Cook County seeking to have the marriage of Robert Payton and Martha Payne declared invalid on the grounds that Robert lacked the mental capacity to enter into a valid marriage. (Ill. Rev. Stat. 1979, ch. 40, par. 301.) The court dismissed the petition for want of jurisdiction citing the failure of the petitioner to bring the action within 90 days after acquiring knowledge of the incompetency as required by that…