New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-09
Supreme Court Justices
Active in Plan to AbOl-
iSh System Here.
PRESENT STATUTE
LETS INFANTS WE'D
Cases Cited Where Young Wives
Asked AnnuIment and Court
Held Union an Experiment.

The trial marriage system as it exists
in the State of New York is going to be
abolished soon, IL number Of Supreme
Court justices and prominent members OF
the bar can get the Legislature to act
Those who do not read the law re-
ports and think it pleasant fiction that
trial marriages are sanctioned by the
laws OF this state, a condition that is
both scandal and disgrace" said Will
bur Larremore yesterday, SHOULD be re-
ferred TO several cases recently tried in
our courts. where the judges openly use
the phrase trial marriage In their opin-
ions in annullng the marriage Of young
women. who have married under the age
of eighteen, with the consent OF parents,
and. repenting, have taken advantage oe
an incongruity in the law"
The latest case is that OF Edith Jean
nette Thornton, who was married TO Al
bert ATildenberg on November %, 1912.
Jeannette's trial marriage lasted four
months. On October I, 1918. notwith-
standing the marriage was contracted
with the consent Of the girls parents. she
brought an action OF annulment. which
was granted.
Under these circumstances" said JUS
tice Greenbaum IN his opinion. "the court
is constrained TO recognize these expert
mental marriages. and 10 grant a decree
Of annulment"
Mona Mundell on her seventeenth birth
day, october 4, 1912, was married with
the consent OF her mother, 20 Norman r.
Coster. She became tired OF Norman one
month later. In April, 1918 the mar
riage was annulled The court, referring
TO IL as a trial marriage, said
"Tn effect the present law OF the State
OF New York permits an infant who mar
ries under the age OF eighteen years with
the consent Of her parents and who sub
sequently leaves her husband before she
arrives at that age to come into court IA
Il matter OF course and obtain decree OF
annulment. This is to all intents and pur-
poses providing in such cases for trial
marriages, but II is a condition the
remedy for which lies with tho Legs
lature, and not with the courts
Mr. Larremore, who is editor OF THE
New York Law Journal and who gives
much Of his time az referee in matri-
monlal actions. pointed out yesterday that
while the question had never been before
the Court OF Appeals Il mad been definite
" settled by several unanimous decisions
by the Appellate Division. and that the
courts had urged a change through legis-
latve action.
This is radical Inconsistency. and is
so regarded by lawyers generally who
have regard for our legal system he
said. while the marriage OF mere chill
dren should not be sanctioned. even with
parental consent the age OF eighteen Is
too high as fixing a period under which
marriage may be absolutely repudated BY
the wife. The law should be amended by
enacting that II a marriage is contracted
by a girl above the age OF sixteen, with
the consent OF parents. il shall be valid
and binding"
Mr.. Larremore referred TO the absurd
ity under the laws OF permitting a mar
rage license, intended to prevent abuses.
to be issued for the marriage Of parties
under eighteen that could be ended By
the mere within OF one Of them