In re the Estate of Bourne

Appellate Division of the Supreme Court of New York

In re the Estate of Bourne

2 A.D.2d 896, 157 N.Y.S.2d 189, 1956 N.Y. App. Div. LEXIS 3802

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

DecidedNovember 19, 1956

StatusPublished

Cited by1 cases

This text of 2 A.D.2d 896 (In re the Estate of Bourne) 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.

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In re the Estate of Bourne, 2 A.D.2d 896, 157 N.Y.S.2d 189, 1956 N.Y. App. Div. LEXIS 3802 (N.Y. Ct. App. 1956).

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Opinion

Appeals from a decree of the Surrogate’s Court, Suffolk County, which grants letters of administration to intestate’s second wife, dismisses the petition of intestate’s daughter by a prior marriage and denies the application of the special guardian of two infants, issue of said prior marriage, for the issuance of written interrogatories. Decree reversed, with costs to abide the event, and proceeding remitted to the Surrogate’s Court for further proceedings not inconsistent herewith. The validity of the Florida divorce, which intestate obtained from his first wife without personal service, or without her appearance in the Florida action, is subject to attack by appellants, in this State, upon the ground of lack of domicile of intestate in Florida. (Williams v. North Carolina, 325 U. S. 226; cf. Cook v. Cook, 342 U. S. 126; Matter of Lindgren, 293 N. Y. 18; Axelrod v. Axelrod, 277 App. Div. 1053.) Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur. [See post, p. 991.]

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Appeals from a decree of the Surrogate’s Court, Suffolk County, which grants letters of administration to intestate’s second wife, dismisses the petition of intestate’s daughter by a prior marriage and denies the application of the special guardian of two infants, issue of said prior marriage, for the issuance of written interrogatories. Decree reversed, with costs to abide the event, and proceeding remitted to the Surrogate’s Court for further proceedings not inconsistent herewith. The validity of the Florida divorce, which intestate obtained from his first wife without personal service, or without her appearance in the Florida action, is subject to attack by appellants, in this State, upon the ground of lack of domicile of intestate in Florida. (Williams v. North Carolina, 325 U. S. 226; cf. Cook v. Cook, 342 U. S. 126; Matter of Lindgren, 293 N. Y. 18; Axelrod v. Axelrod, 277 App. Div. 1053.) Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur. [See post, p. 991.]

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2 A.D.2d 896, 157 N.Y.S.2d 189, 1956 N.Y. App. Div. LEXIS 3802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-bourne-nyappdiv-1956.

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