In re Clare

Appellate Division of the Supreme Court of New York

In re Clare

262 A.D. 773, 27 N.Y.S.2d 796, 1941 N.Y. App. Div. LEXIS 5807

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1941

StatusPublished

This text of 262 A.D. 773 (In re Clare) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Clare, 262 A.D. 773, 27 N.Y.S.2d 796, 1941 N.Y. App. Div. LEXIS 5807 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from a decree of the Surrogate’s Court, Nassau County, denying the petitioner, as the widow of the decedent, the exemptions allowed under section 200 of the Surrogate’s Court Act. Decree reversed on the law and the facts, with costs to appellant, payable out of the estate, the application granted, and matter remitted to the Surrogate’s Court for the entry of a decree accordingly. In our opinion the proof was insufficient to show that the petitioner abandoned the decedent. There was no proof that petitioner’s departure from the marital home was unjustified and without the consent of decedent. (Matter of Maiden, 284 N. Y. 429.) Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Appeal from a decree of the Surrogate’s Court, Nassau County, denying the petitioner, as the widow of the decedent, the exemptions allowed under section 200 of the Surrogate’s Court Act. Decree reversed on the law and the facts, with costs to appellant, payable out of the estate, the application granted, and matter remitted to the Surrogate’s Court for the entry of a decree accordingly. In our opinion the proof was insufficient to show that the petitioner abandoned the decedent. There was no proof that petitioner’s departure from the marital home was unjustified and without the consent of decedent. (Matter of Maiden, 284 N. Y. 429.) Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

262 A.D. 773, 27 N.Y.S.2d 796, 1941 N.Y. App. Div. LEXIS 5807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-clare-nyappdiv-1941.

Opinion

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