A Dublin woman who married her late aunt's husband nearly 30 years ago was told by the High Court yesterday her marriage was lawful and valid and they had lived honourably and properly together.
Mrs Winnie Kavanagh of Inchicore had feared the marriage might be invalid because of the effects of laws of affinity affecting the validity of some marriages. Those laws date from King Henry VIII's reign, nearly 500 years ago.
Counsel for Mrs Kavanagh (50) had argued that the Marriage Act, 1535, owed itself to the "dynastic difficulties" of the six-times-married monarch. Those laws had been changed in Britain, but, it was submitted, they might still operate here.
In his ruling, Mr Justice Smyth granted a declaration to Mrs Kavanagh that her marriage was validly registered.
The judge said the couple had lived honourably and properly together during the lifetime of Mr Kavanagh, who died in 1996, and he was satisfied the marriage was validly registered.
The State had very properly paid Mrs Kavanagh the widow's pension, he said, and the State should pay £2,500 towards her legal costs.
Mr David Hegarty SC, for Mrs Kavanagh, had told the court that Mr Kavanagh had married Ms Kathleen McLoughlin in April 1956 and they had had five children. Kathleen died in 1969.
In August 1972 Kathleen's niece, Ms Winnie Tipper, then 21, had married Mr Kavanagh, who was then 41, and they had three children.
Mr Kavanagh's will appointed Winnie as his personal representative and left her his property, consisting of the Inchicore house.
Following yesterday's ruling, Mrs Kavanagh said she was delighted with the outcome.
When the case was before the High Court last month, she said a niece of hers who was doing a course in family law had alerted her to a possible problem with her marriage.
Her husband had wanted her to take the legal action after his death. It was important to bring the case because they were married and not just "living together", she said.