Story Case

James Harland and Sarah Crane, two actors, were much devoted to their stage work. In 1910 they decided to become husband and wife in name; they agreed at the same time in writing never to completely consummate their marriage, but to give their lives to their profession. Accordingly the two parties secured a marriage license from the county clerk and had their marriage ceremony conducted by a Methodist minister, and were thereafter known as husband and wife.

In January, 1915, James Harland died leaving real estate valued at $10,000. Prior to this time, Harland's sister, and only heir secured possession of the document containing the unique agreement made between Harland and Miss Crane. The sister contends that because of this agreement a valid marriage was never perfected and that the alleged wife had no dower rights to Harland's land. Is this correct?

Ruling Court Case. Cornelia Allen Forrest Vs. J. Dorsey Forrest, Indiana Reports (Not Yet Officially Reported. Decided In November, 1914)

Miss Cornelia Allen and J. Dorsey Forrest were married in the office of a justice of the peace in Akron, Ohio, on September 23, 1911. Mr. Forrest had been parried to Miss Allen's sister. She had died, leaving Forrest living with Miss Allen and her mother. The mother died two days later and to escape criticisms for living in the same house Forrest and Miss Allen married as stated above, but with the understanding that the marriage should never be consummated. Subsequently Mrs. Allen-Forrest became head of the department of English at Butler University in Indianapolis, Indiana, and Mr. Forrest also became engaged in a new occupation. This action was brought to declare the marriage void and of no effect because of the agreement of the parties.

Judge Charles Reinster rendered the decision: Tho these parties have occupied the same house together they have never lived as husband and wife since they have expressly agreed never to consummate their alleged marriage in its entirety. The marriage is therefore void from the beginning and of no effect.

Ruling Law. Story Case Answer

Marriage formalities and marriage ceremony alone will never complete a marriage. There must be the consent and agreement of both parties to live together as husband and wife. Therefore mock marriage ceremonies conducted for reasons of sport are of no effect no matter how official or formal they may be. In the Story Case, a complete marriage was not consummated and the sister as only heir has title to all of her brother's land.