In re Estate of Devaux

Appellate Division of the Supreme Court of New York

In re Estate of Devaux

12 A.D.2d 786, 209 N.Y.S.2d 559, 1961 N.Y. App. Div. LEXIS 13443

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

DecidedJanuary 9, 1961

StatusPublished

This text of 12 A.D.2d 786 (In re Estate of Devaux) 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 Estate of Devaux, 12 A.D.2d 786, 209 N.Y.S.2d 559, 1961 N.Y. App. Div. LEXIS 13443 (N.Y. Ct. App. 1961).

Pincite

Opinion

In a proceeding by decedent’s daughter for letters of administration, in which his widow filed a cross petition for such letters, petitioner appeals from an order of the Surrogate’s Court, Queens County, dated October 10, 1960, denying her motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. The motion was based on the ground that petitioner is decedent’s sole surviving daughter and that the widow is not decedent’s lawful widow, her marriage to the decedent being void because she was then legally married to another man. Order affirmed, without costs. The record presents issues of fact which should be determined by trial and not by affidavits. Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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In a proceeding by decedent’s daughter for letters of administration, in which his widow filed a cross petition for such letters, petitioner appeals from an order of the Surrogate’s Court, Queens County, dated October 10, 1960, denying her motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. The motion was based on the ground that petitioner is decedent’s sole surviving daughter and that the widow is not decedent’s lawful widow, her marriage to the decedent being void because she was then legally married to another man. Order affirmed, without costs. The record presents issues of fact which should be determined by trial and not by affidavits. Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

12 A.D.2d 786, 209 N.Y.S.2d 559, 1961 N.Y. App. Div. LEXIS 13443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-devaux-nyappdiv-1961.