In re May's Estate – Marital Status
In re May’s Estate, 305 N.Y. 486, 114 N.E.2d 4 (1953).
FACTS: Ms. May died in 1945. Mr. May objected to Alice, one of six children born from the marriage of W and H for issuance to her of letters of administration of the estate of her mother. H claimed to be the husband of W; however, H was W’s uncle. Alice contends that H is not the surviving husband of W because although their marriage was legal in Rhode Island, the marriage never had validity in New York where they were residents until W’s death. W and H were married in Rhode Island at the home of a Jewish rabbi. They returned to New York two weeks later and lived there from 1913 until W’s death in 1945. Rhode Island laws prohibited the marriage of an uncle and niece except for couples of the Jewish faith within the degrees of affinity and consanguinity permitted by their religion. Alice was granted letters of administration and this appeal resulted. That result was overruled by the Appellate Division and this appeal resulted.
ISSUE: Is the legality of a marriage between persons sui juris to be determined by the law of the place it is celebrated?
RULE OF LAW: Yes. The legality of a marriage between persons sui juris is to be determined by the law of the place it is celebrated.
HOLDING AND DECISION: Although our statute declares a marriage between an uncle and niece to be void, our statute does not state that we cannot recognize such a relationship that is valid in another state. We should not extend the statute’s scope to by judicial construction.
DISPOSITION: Affirmed.
Dissenting: Every state has the right to determine the marital status of its residents. The general rule that a marriage that is valid where solemnized is valid everywhere does not apply to marriages contrary to the prohibitions of natural law or the express prohibitions of a statute.