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In re the Estate of Abraham

80 A.D.3d 498, 914 N.Y.S.2d 629
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 18, 2011
StatusPublished

This text of 80 A.D.3d 498 (In re the Estate of Abraham) 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 the Estate of Abraham, 80 A.D.3d 498, 914 N.Y.S.2d 629 (N.Y. Ct. App. 2011).

Opinion

— Order, Surrogate’s Court, New York County (Kristin Booth Glen, S.), entered on or about June 7, 2010, which granted the petition for letters of administration, unanimously affirmed, without costs.

Even if objectant could prove that she was the deceased’s concubine under the law of Oaxaca, Mexico, her relationship with the deceased would not be recognized as a marriage in New York because concubinage is not considered marriage in Oaxaca (see Van Voorhis v Brintnall, 86 NY 18, 25 [1881]; Matter of Mott v Duncan Petroleum Trans., 51 NY2d 289, 292 [1980]; see also Godfrey v Spano, 13 NY3d 358, 378 [2009, Ciparick, J., concurring]). Concur — Gonzalez, P.J., Mazzarelli, Moskowitz, Acosta and Román, JJ.

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Related

Godfrey v. Spano
920 N.E.2d 328 (New York Court of Appeals, 2009)
Van Voorhis v. . Brintnall
86 N.Y. 18 (New York Court of Appeals, 1881)
Claim of Mott v. Duncan Petroleum Trans.
414 N.E.2d 657 (New York Court of Appeals, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
80 A.D.3d 498, 914 N.Y.S.2d 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-abraham-nyappdiv-2011.