GEITNER BY AND THROUGH FIRST NAT. v. TOWNSEND

No. 8325DC98.

312 S.E.2d 236 (1984)

David Royer GEITNER, an Incompetent, By and Through his Guardian, FIRST NATIONAL BANK OF CATAWBA COUNTY v. Marcia TOWNSEND, also known as Marcia Townsend Geitner and David Royer Geitner, by and through his Guardian, Roger Manus.

Court of Appeals of North Carolina.

March 6, 1984.


Attorney(s) appearing for the Case

Sigmon, Clark & Mackie by E. Fielding Clark, II, Hickory, for plaintiff-appellant.

Legal Services of the Blue Ridge by Bruce L. Kaplan, Boone, for Marcia T. Geitner, defendant-appellee.

Goldsmith & Goldsmith, by C. Frank Goldsmith, Jr., Marion, for David R. Geitner, intervenor-appellee.


EAGLES, Judge.

Plaintiff guardian bank asks us to find that the trial judge erred in denying its motions for directed verdict, judgment notwithstanding the verdict, and a new trial. Plaintiff contends that a marriage with a legally declared incompetent is void as a matter of law. We do not agree.

A voidable marriage is valid "for all civil purposes until annulled by a competent tribunal in a direct proceeding, but a void marriage is a nullity and may be impeached...

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