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GIBBONS v. BLAIR

Civ. No. 10951.

376 N.W.2d 22 (1985)

Rodney A. GIBBONS, as Personal Representative of the Estate of Steven Mark Gibbons, Deceased, Plaintiff and Appellant, v. Brenda K. BLAIR, a/k/a Brenda K. Gibbons, Defendant and Appellee.

Supreme Court of North Dakota.

October 28, 1985.

Attorney(s) appearing for the Case

Nelson, Kalash & Molenaar, Grand Forks, for plaintiff and appellant; argued by Steven J. Remark; appearance by Dwight F. Kalash.

Richard W. Olson (argued), Grand Forks, for defendant and appellee; appearance by Gerald Paulson.

MESCHKE, Justice.

We consider whether a father may sue his deceased son's widow to annul the marriage for fraud. We hold that he may not.

Rodney A. Gibbons sued Brenda. K. Blair Gibbons seeking the annulment of the marriage of his late son, Steven Gibbons, and Brenda, asserting that Brenda had fraudulently induced Steven to marry her by promising to make Steven the "daddy" of her baby. Brenda's answer denied fraud and asserted that the father lacked standing...

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