Wilson v. Mitchell

Benjamin Mitchell, deceased, was committed as mentally ill on February 21, 1923. His nephew sues as next of kin, pursuant to section 1137 of the Civil Practice Act, to annul the uncle’s marriage" to defendant on July 9, 1923, on the ground that he was then insane.

The defendant was herself committed as mentally ill some nine years ago and, being still so confined, is here defended by a court appointed guardian ad litem. Benjamin Mitchell’s estate consists of accumulated veteran’s disability payments, *560totaling some $10,000. An annulment of his marriage to defendant would render the defendant a…