White v. McGee
1931 OK 280, 149 Okla. 65, 299 P. 222 (1931)
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Rule of Law:
A marriage that violates a statutory age requirement but is not explicitly declared void by statute is considered voidable, not void, and remains valid until annulled by a court.
Facts:
- James Leo White, age 17, and Elizabeth Mae Wentworth, age 15, were married in Oklahoma.
- The marriage was entered into without the consent of either party's parents.
- Prior to James Leo White's death, he and Elizabeth Mae Wentworth separated and were not living together.
- James Leo White died in an incident that gave rise to a wrongful death claim.
- James Leo White died without any children.
- No administrator had been appointed for James Leo White's estate.
Procedural Posture:
- Samuel and Nellie White (the parents) sued Reece E. McGee and several companies in the district court of Oklahoma county for the wrongful death of their son.
- Elizabeth Mae White filed a motion to intervene in the lawsuit, claiming to be the lawful widow.
- The trial court granted the motion to intervene, making Elizabeth Mae White a party defendant.
- Elizabeth Mae White then filed a demurrer to the parents' petition, arguing it failed to state a valid cause of action.
- The parents filed a motion to strike the intervener's petition, which the trial court overruled.
- The trial court sustained the intervener's demurrer.
- When the parents refused to amend their petition, the trial court dismissed their case.
- The parents' motion for a new trial was overruled, and they appealed to the reviewing court as plaintiffs in error.
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Issue:
Is a marriage between persons under the statutory age of consent, which is expressly prohibited by statute but not explicitly declared void, void from its inception?
Opinions:
Majority - Clark, V. C. J.
No. A marriage between persons under the statutory age of consent is not void from its inception but is merely voidable. The court distinguished between void marriages, which are invalid from the outset, and voidable marriages, which are valid until annulled. Oklahoma statutes explicitly define certain marriages as 'incestuous, illegal and void,' such as those between close relatives, but a marriage of minors does not fall into this category. While another statute expressly forbids and prohibits marriage by males under 18 and females under 15 without parental or court consent, it does not declare such marriages void. Citing its precedent in Hunt v. Hunt, the court affirmed the principle that unless a statute expressly declares a marriage void, it is merely voidable, even if it is prohibited and penalized. Because the marriage between James Leo White and Elizabeth Mae Wentworth was only voidable and had not been annulled at the time of his death, Elizabeth was his lawful surviving widow and the proper party to bring a wrongful death action.
Analysis:
This decision solidifies the critical legal distinction between void and voidable marriages in Oklahoma law, establishing that a legislative prohibition on a marriage is insufficient to render it void unless the statute explicitly states so. This creates a presumption in favor of the validity of a marriage, thereby protecting the rights of the parties (such as inheritance or the right to sue) from collateral attack by third parties. The ruling emphasizes that the dissolution of a voidable marriage requires a direct judicial proceeding, such as an annulment, initiated by one of the parties, rather than being treated as a nullity by others.
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