In Re Mortenson's Estate

J. SMITH GIBBONS, Superior Court Judge.

The real issue presented on this appeal is whether a marriage between first cousins who are residents of and intend to live in Arizona is void or only voidable when solemnized in a state where such marriage is not prohibited by law.

Appellee, Etta Mortenson, hereinafter called Etta, on August 10, 1949, at Lords-burg, New Mexico, entered into a marriage ceremony with Martin Emil Mortenson, now deceased. Etta and decedent, first cousins, were both residents of Arizona, and after the ceremony returned to and continued such residence in this state until the…