In re the Estate of Spencer

Appellate Division of the Supreme Court of New York

In re the Estate of Spencer

126 A.D. 921, 110 N.Y.S. 1146

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1908·Published·Cited by 1 cases

Opinion

Order modified in accordance with memorandum filed with the clerk, and as so modified affirmed, with ten dollars costs and disbursements, payable out of the estate. Held, that decedent, notwithstanding the fact that appellant had obtained a judicial decree of separation from him some years before his death and that he had not since such decree contributed to her support, died “having a family "and “ leaving a widow’’ within the meaning of section 2713 of the Code of Civil Procedure. All concurred.

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Order modified in accordance with memorandum filed with the clerk, and as so modified affirmed, with ten dollars costs and disbursements, payable out of the estate. Held, that decedent, notwithstanding the fact that appellant had obtained a judicial decree of separation from him some years before his death and that he had not since such decree contributed to her support, died “having a family "and “ leaving a widow’’ within the meaning of section 2713 of the Code of Civil Procedure. All concurred.

In re the Estate of Spencer, 126 A.D. 921, 110 N.Y.S. 1146 (N.Y. Ct. App. 1908).

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Opinion

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