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IN RE MORTENSON'S ESTATE

No. 6219.

83 Ariz. 87 (1957)

316 P.2d 1106

Matter of the ESTATE of Martin Emil MORTENSON, deceased. Raymond Boyd MORTENSON et al., Appellants, v. Etta MORTENSON, Appellee.

Supreme Court of Arizona.

October 29, 1957.

Attorney(s) appearing for the Case

Wesley E. Polley, Bisbee, for appellants.

Daniel E. Moore, Bisbee, for appellee.

J. SMITH GIBBONS, Superior Court Judge.

The real issue presented on this appeal is whether a marriage between first cousins who are residents of and intend to live in Arizona is void or only voidable when solemnized in a state where such marriage is not prohibited by law.

Appellee, Etta Mortenson, hereinafter called Etta, on August 10, 1949, at Lordsburg, New Mexico, entered into a marriage ceremony with Martin Emil Mortenson, now deceased. Etta and decedent...

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