MUCH MARRIED.

Sun (Christchurch), Volume VI, Issue 1785, 3 November 1919, Page 11

MUCH MARRIED.

STRANGE COMPLICATION. WHERE DOES THE MONEY GO7 Press Association. DUNEDIN, November 3. An unusual case was recently heard at Oamaru by his Honour Mr Justice Sim, in which an action was brought by Williamina Carstfn against Thomas Henry Fox, to upset an order made under the Family Protection Act in 1917 by his Honour Mr Justice Stringer, in which interest on certain moneys was ordered to be paid to Fox, as widower of Isabella Fox. The facts showed that Isabella Fox was three times married, and that, at the time of her third marriage, her second husband, one Waters, was alive. Therefore, it was argued that Fox, at the death of Isabella Fox, was not her lawful husband.

la his judgment to-day, Mr Justice Sim held that the marriage with Waters was valid, and the marriage with the defendant was invalid. It was contended that, if the* defendant was not the husband of the testatrix, the order of 1917 was made without jurisdiction, and was a mere, nullity. If, when the ease was previously heard, the question had been raised as to the status of th,e defendant, the Court would have had to determine whether or not he was, in fact, the husband of the testatrix. No such question was raised, and it was assumed by all parties that the defendant was, in fact, the husband of the testatrix. The order was made on that basis, and must be treated as involving adjudication by consent that the defendant was the husband of the testatrix. His Honour thought that the order could not be treated as having been made without jurisdiction. Judgment would be for the defendant.