PAYTON v. PAYNE

No. 79-2083.

90 Ill. App.3d 892 (1980)

414 N.E.2d 33

JOSEPH PAYTON, Guardian of the Estate of Robert Payton, Petitioner-Appellant, v. MARTHA PAYNE, a/k/a Martha Payton, Respondent-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed November 18, 1980.


Attorney(s) appearing for the Case

James D. Griffith, Ltd., of Chicago, for appellant.

No brief filed for appellee.


Reversed and remanded.

Mr. PRESIDING JUSTICE PERLIN delivered the opinion of the court:

Petitioner, Joseph Payton, guardian of the estate and person of Robert Payton, filed a complaint in the circuit court of Cook County seeking to have the marriage of Robert Payton and Martha Payne declared invalid on the grounds that Robert lacked the mental capacity to enter into a valid marriage. (Ill. Rev. Stat. 1979, ch. 40, par. 301.) The court dismissed the petition...

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