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Lester v. Lester

Domestic Relations Court of New York
87 N.Y.S.2d 517 (1949)


Facts

Mr. Lester (defendant) and Mrs. Lester (plaintiff) were married. The Lesters signed an agreement stating that: (1) Mrs. Lester married Mr. Lester because, although she no longer wanted to continue their relationship in the same way as in the past, she was not willing to leave Mr. Lester; (2) Mr. Lester married Mrs. Lester only because of the serious threats that she had made against both Mr. Lester and herself; and (3) the marriage was not to be interpreted as an actual marriage under any condition. The Lesters then lived as a married couple for approximately 10 years. Mrs. Lester brought suit for support after the marriage ended. Mr. Lester argued that the marriage was not intended to be real and thus was void ab initio. Mr. Lester stated that he married Mrs. Lester and stayed married to her, including having sexual relations with her, under duress.

Rule of Law

Issue

Holding and Reasoning (Panken, J.)

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