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IN THE MATTER OF ESTATE OF TOUTANT

No. 00-2535.

247 Wis.2d 400 (2001)

2001 WI App 181

633 N.W.2d 692

IN THE MATTER OF the ESTATE OF Marjorie R. TOUTANT: John ELLIS, Appellant, v. ESTATE OF Marjorie R. TOUTANT, Respondent.

Court of Appeals of Wisconsin.

Decided July 25, 2001.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of John Barry Stutt of Stewart, Peyton, Crawford, Crawford & Stutt of Racine.

On behalf of the respondent, the cause was submitted on the brief of JoAnne M. Breese-Jaeck of Hostak, Henzl & Bichler, S.C. of Racine.

Before Nettesheim, Anderson and Snyder, JJ.

¶ 1. SNYDER, J.

John Ellis appeals from a judgment of the trial court declaring the marriage of Ellis and the late Marjorie R. Toutant null and void. Ellis argues that the trial court did not have the authority to annul the marriage because a marriage cannot be annulled after death. In addition, Ellis argues that the marriage must be upheld because it was valid where it was celebrated and, at most, the marriage was only voidable under Wisconsin law. Ellis further...

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