FORNSHILL v. MURRAY. 479

ordered. And it is further ordered, that this case be and the same
is hereby referred to the auditor with directions to state an account
accordingly.

In obedience to this order the auditor reported a distribution of
the surplus of the proceeds among twelve of the creditors of the
deceased, nine of whom had come in under the order of the 14th
of March; which distribution of the auditor was confirmed, and the
trustee directed to apply the proceeds accordingly, on the 28th of
August 1828, and the whole case so finally closed.

FORNSHILL v. MURRAY.

The contract of marriage is the parent, not the child of civil society. If valid where
celebrated, it is valid every where. It cannot be cast off at the pleasure of the
parties. It must here be solemnized in the face of a church or with the blessing
of a clergyman. General reputation, or proof of cohabitation as husband and
wife, is, in general, sufficient evidence of a contract of marriage.

The county courts may inquire into the validity of certain marriages.

The Court of Chancery may award alimony; and it may also declare a marriage to
be void which has been procured by abduction, terror, and fraud.

No judicial proceeding can be had after the death of either party for the purpose of
having their marriage declared void, or of bastardizing any one after his death.
But where the validity of an alleged marriage, or the legitimacy of any one forms a
necessary link in the chain of title to the property in question, there such
validity or legitimacy may be inquired into and determined, cither by a court of
law, or of equity. It is not indispensably necessary in any case to make up an
issue to have the facts ascertained by a jury.

This bill was filed on the 31st of January 1827, by John Fornshill
and Ann his wife, Alexander M. Williams and Sarah his wife,
Andrew Fulton, and William Fulton an infant by Andrew his next
friend, against William V. Murray surviving administrator de bonis
non of Henry Somervell, and William Hubbard administrator of
Thomas Somervell.

The bill states, that Mary, the sister of Henry, by her first mar-
riage with Andrew Davidson had issue the plaintiffs Ann and
Sarah, and by her second marriage with William Fulton had issue
the plaintiffs Andrew and William; that she died leaving these
four children; that, some time after her death, Henry died intestate
without leaving a widow or any children, or the descendant of any