This section contains the nature of the case and procedural background.

William (H) married a widow, Mrs. Dirke who then had a living daughter by her former husband. In 1900, Dirke obtained a divorce from H, and four years later he married the daughter (W) of his former wife. Four children were born to the marriage. About two years after the marriage of her daughter to H, Dirke died. H and W continued to live together until 1906 when H died. W applied to have property set aside for her based on the marriage and this was opposed on grounds that the marriage was incestuous and void under the law; therefore, W was not the widow of the decedent.

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