Geitner By and Through First Nat. Bank of Catawba County v. Townsend

• Citation: 312 S.E.2d 236,67 N.C.App. 159
• Decision Date: 06 March 1984
• Docket Number: No. 8325DC98,8325DC98
• Court: Court of Appeal of North Carolina (US)
• Parties: 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.

Page 236

312 S.E.2d 236

67 N.C.App. 159

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.

No. 8325DC98.

Court of Appeals of North Carolina.

March 6, 1984.

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 at any time." Ivery v. Ivery, 258 N.C. 721, 726, 129 S.E.2d 457, 461 (1963). Our Supreme Court has held that, under the common law as modified by G.S. 51-3 and G.S. 50-4, a marriage of a person incapable of contracting for want of understanding is not void, but voidable. Id. at 730, 129 S.E.2d at 463. We find that prior adjudication of incompetency is not conclusive on the issue of later capacity to marry and does not bar a party from entering a contract to marry.

The mental capacity of a party at the precise time when the marriage is celebrated controls its validity or invalidity. 1 Lee, North Carolina Family Law § 24 (4th ed. 1979). As to what constitutes mental capacity or incapacity to enter into a contract to marry, "the general rule is that the test is the capacity of the person to understand the special nature of the contract of marriage, and the duties and responsibilities which it entails, which is to be determined from the facts and circumstances of each case." Ivery, 258 N.C. at 732, 129 S.E.2d at 464-65 (quoting 55 C.J.S. Marriage § 12). In Lee's treatise on North Carolina family law, it is noted that "unlike other transactions, an insane person's capacity to marry is not necessarily affected by guardianship .... (R)easons why guardianship removes from the insane person all capacity to contract do not apply to marriage." 1 Lee, supra § 24 n. 119 (quoting McCurdy, Insanity as a Ground for Annulment or Divorce in English or American Law, 29 VA.L.REV. 77 (1943).) In fact, "tests judicially applied for a determination of incompetency in guardianship matters differ markedly from those applied for the determination of mental capacity to contract a marriage, for even though under guardianship as an incompetent, a person may have in fact sufficient mental capacity to validly contract marriage." 4 Am.Jur.2d ANNULMENT OF MARRIAGE § 28.

We find that, here, sufficient evidence was presented to support a jury's verdict. Defendants presented both expert and lay witnesses who testified that Mr. Geitner did have, on 29 May 1980, adequate mental capacity and understanding of the special nature of a contract to marry. The fact that plaintiff guardian bank offered conflicting evidence merely required the jury to consider the credibility of the witnesses and evidence on...