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

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

DecidedNovember 23, 1938

StatusPublished

Cited by1 cases

This text of 255 A.D. 941 (In re the Estate of Durham) 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 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

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.

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Bluebook (online)

255 A.D. 941, 8 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 5919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-durham-nyappdiv-1938.

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