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IN RE ESTATE OF STILES

No. 78-1299.

59 Ohio St. 2d 73 (1979)

IN RE ESTATE OF STILES, DECEASED.

Supreme Court of Ohio.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Messrs. Kimble, Shapiro, Stevens, Harcha, Young & Clark, Mr. Roger L. Clark and Mr. Stephen C. Rodeheffer, for appellee.

Messrs. Howland, McCurdy, Dever & Mearan and Mr. William L. Howland, for appellant.

MAHONEY, J.

The singular issue before us is whether a common-law marriage between an uncle and his niece is void or voidable. If it is merely voidable, then it can not be collaterally attacked after the death of one of the parties.

Statutory law clearly prohibits the marriage of an uncle to his niece. R. C. 3101.01 reads as follows:

"Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second...

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