Abel v. Waters

The administratrix of her mother's estate filed a petition to annul the marriage of her mother and her stepfather. The trial court granted the stepfather's motion for summary judgment and the administratrix appeals. We reverse and remand.

The dispositive issues on appeal are:(1) May a suit to annul a marriage be maintained by the personal representative of a deceased spouse?(2) Is the dismissal of a divorce action for failure to revive res judicata, or does it collaterally estop, a subsequent action to annul a void marriage?(3) Did the trial court properly grant a summary judgment?

The record…