In re Estate of Santolino
Chancery Division of the Superior Court of New Jersey
895 A.2d 506 (N.J. Super. Ct. Ch. Div. 2005)
Relevant factsFree
Santolino, 81 and diagnosed with terminal lung cancer requiring heavy medication and in-home nursing care, married Centeno (plaintiff), 46, while using an oxygen tank during the ceremony, and died intestate less than a month later; Centeno sought control of his estate, but Santolino's sister claimed the marriage was void because Santolino lacked capacity to consent to it, and Centeno moved to dismiss that claim.
IssueFree
Whether a marriage is void ab initio if a party lacked capacity to consent to it.