Ernst v. Ricketts

KNIGHT, J.

The respondent, C. W. Ricketts, was appointed administrator of the estate of Clemence Karau, deceased, and Clara Ernst, a surviving sister of the decedent, appealed.

[607]

The decedent died on April 12, 1936, and two petitions for letters of administration were filed, one by respondent at the written request of the decedent’s husband, Robert Karau, and the other by appellant, who filed also written objections to the appointment of respondent. The ground of objection relied on was that at the time of the marriage ceremony between the decedent and Karau, which took place in Reno, Nevada, on November 28, 1931, approximately four and a half years prior to the death of the decedent, she was “mentally incapable to consent to or enter into, or be a party to a contract of marriage, and was at said time wholly without understanding and insane ...”

At the hearing of the petitions the fact of the marriage was established by the testimony of Karau; the marriage certificate was produced and received in evidence, and in connection therewith Karau testified that following their marriage they lived together for three years and eight months. On cross-examination counsel for appellant sought to interrogate the witness as to the mental condition of the decedent at the time of the marriage, but on respondent's objections he was not permitted to pursue such inquiry, or to introduce any testimony, which he claimed would show that at the time of said marriage the decedent “was wholly without understanding, was a moron, an imbecile and a lunatic”. The basis of the court’s ruling was that after the death of a spouse the validity of the marriage cannot be made the subject of a collateral attack in a probate proceeding of this kind upon the ground of the mental incapacity of the spouse at the time of the marriage ceremony. We are of the opinion that the probate court was justified in so holding.

While the legislature of this state, in the exercise of its control of the subject of marriage and its authority to fix the conditions under which the marital status may be created and ended, as well as the effect of an attempted creation of the status, has denounced certain marriages void from the beginning, which under the general rule may be collaterally attacked and declared void in any proceeding wherein the question may arise, whether during the lifetime of both of the parties or after the death of either of them, it has also classified certain other marriages as being only voidable, and as to them it has prescribed when and by whom such mar