THRICE MARRIED.

Taranaki Daily News, 4 November 1919, Page 4

THRICE MARRIED.

BUT SECOND HUSBAND WAS ALIVE. UNUSUAL LAW CASE. By Telegraph.—Press Association. Dunedin, Last Night. An unusual ease was recently heard at Oamaru, before Mr. Justice Sim, in Which an action was brought by Williamina Carson against Thomas Henry Fox to upset an order made under the Family Protection Act in 1917, in which interest on certain money was ordered to be paid to Fox as the widower of Isabella Fox. The facts showed she was three times married, and at the time of the third marriage her second husband, one Waters, was alive. Therefore, it was argued, Fox, at the death of Isabella Fox, was not her lawful husband. In his judgment to-day Mr. Justice Sim held the marriage with Waters to have been valid and the marriage with the defendant invalid. It M'as contended on behalf of the plaintiff that if defendant was not the husband of the testatrix the order of 1917 was made without jurisdiction, and was a mere nullity. If, when the case was previously heard, the question had been raised as to the status of the 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 defendant was in fact the husband of the testatrix. He thought the order could be treated as having been made without . jurisdiction. The judgment would be for defendant.