In re Estate of Stiles

The singular issue before us is whether a common-law marriage between an uncle 'and his niece is void or voidable. If it is merely voidable, then it can not be collaterally attacked after the death of one of the parties.

Statutory law clearly prohibits the marriage of an uncle to his niece. R. C. 3101.01 reads as follows:

“Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second; cousins, and not having a husband or wife living, may be joined in marriage. * * *”

Prior to 1974, former R. 0. 2905.07 and its predecessors, Gr. C. 13023…