In re the Estate of Durham

Appellate Division of the Supreme Court of New York

In re the Estate of Durham

255 A.D. 941, 8 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 5919

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1938·Published·Cited by 1 cases

Opinion

Decree so far as appealed from affirmed, with costs. Memorandum: Appellant’s right as committee of the incompetent to letters of administration depended upon whether the incompetent was the lawful wife of decedent. An issue of fact was presented on this question. The court has found that the relations between the parties which eoncededly were meretricious at the time of their inception continued so throughout. The evidence supports this determination and it is not against the weight of the evidence. AH concur. (The portion of the decree appealed from denies a petition for appointment of an administrator.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Decree so far as appealed from affirmed, with costs. Memorandum: Appellant’s right as committee of the incompetent to letters of administration depended upon whether the incompetent was the lawful wife of decedent. An issue of fact was presented on this question. The court has found that the relations between the parties which eoncededly were meretricious at the time of their inception continued so throughout. The evidence supports this determination and it is not against the weight of the evidence. AH concur. (The portion of the decree appealed from denies a petition for appointment of an administrator.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

In re the Estate of Durham, 255 A.D. 941, 8 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 5919 (N.Y. Ct. App. 1938).

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Opinion

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