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Back v. Back

Supreme Court of Iowa

125 N.W. 1009 (1910)

Relevant factsFree

William Back married Mrs. Dirke, who had a daughter, Reacke, from a prior marriage, making Reacke his stepdaughter. Back and Dirke later divorced, and Back subsequently married Reacke herself. After Back died, Reacke (plaintiff) sued the executor of his estate (defendant) for a declaratory judgment that she was entitled to a widow's share, but the executor argued the Reacke-Back marriage was void as incestuous under an Iowa statute barring marriage to the daughter of one's wife. The trial court agreed and voided the marriage; Reacke appealed.

IssueFree

Whether a relationship of affinity created by marriage, such as that between a stepfather and stepdaughter, continues to exist -- and thus continues to bar a later marriage between them -- after the marriage that created it has ended.

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