Story Case

In early life James Hanna was a man of keen mentality and was successful in accumulating considerable wealth. He married Elizabeth Warner when he was twenty-three years old and during their life together two children were born to them. Seven years after their marriage Elizabeth, the wife, died. James grieved over her death so much that his mind became unbalanced. He went away to another town to live and was not heard of again until after his death. His property and children were taken in hand by his father. After leaving them, and while in an unbalanced condition, he became infatuated with Sarah Hill, and married her. She now claims a dower interest in his property. His children by the first marriage deny that she has any interest on the ground that the second marriage was void since the father had not the legal capacity to enter into a marriage contract. Sarah Hill maintained that a license had been secured and all the marriage formalities had been observed, and therefore, she was now entitled to her interest. What should be done!

Ruling Court Case. Foster Vs. Means, Volume 42 American Decisions, Page 332

Henry Foster was a very weakminded person. He could never learn to read and but imperfectly learned the alphabet, even though when thirty-two years of age, he gave constant attention to it for nine or ten months. He had a very imperfect knowledge of the value of money. He knew a dollar from a quarter piece but had no knowledge of the relative values of the pieces.

At the death of his father he became the owner of a great deal of real and personal property. He married and after his death Polly Foster, his wife and the plaintiff in this action, claimed her marital rights in his personal property. The defendant, however, who was the administrator of the deceased, contended that she had no right whatever in the property because the marriage was void. He based the claim on the fact that Foster had not the mental capacity to marry.

Decision: Because of the mental condition of Henry Foster, he had no capacity whatsoever to enter into such a marriage. Consequently the marriage was void. Since the marriage was void, she was never his wife and therefore never had any interest in the personal property of Henry Foster, deceased.

Accordingly, judgment was given for the defendant.

Ruling Law. Story Case Answer

As in other contracts, so in the marriage contracts, the parties thereto must have capacity to assume the relation with its duties and obligations. This capacity is spoken of as marital capacity.

Incapacity to enter into the contract of marriage may be either mental or it may be legal. Mental incapacity consists in the lack of understanding on the part of one of the parties as to the nature and character of the relation which he is assuming. If such a person is so mentally deficient that he does not realize what he is doing, he is said to have been mentally incapacitated to assume the relation and a marriage of this kind is absolutely void but may be annulled by proper proceeding brought for that purpose.

Legal incapacity, as distinguished from mental or actual incapacity, consists in some restraint put upon marriages by certain persons. In many states whites are forbidden to marry blacks. At common law persons under the age of consent are legally incapacitated to marry. The age of consent at common law is fourteen years.

In the Story Case, Sarah Hill cannot acquire any interest in the property because her marriage with James Hanna was void. It is shown by the facts that James Hanna was mentally incapable of making a marriage contract.