In re the Probate of the Will of Clark

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Clark

271 A.D.2d 804

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

DecidedOctober 28, 1946

StatusPublished

This text of 271 A.D.2d 804 (In re the Probate of the Will of Clark) 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 Probate of the Will of Clark, 271 A.D.2d 804 (N.Y. Ct. App. 1946).

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Opinion

Decree of the Surrogate’s Court of Queens County which granted probate of the last will and testament of Nelson Sherwood Clark, Jr., deceased, and directed the issuance of letters of administration with the' will annexed to the public administrator of said county, unanimously affirmed, with one bill of costs, payable out .of the.estate, to each group of respondents filing a separate brief. In the court below the question was whether the appellant, Jeanette Clark, was the common-law wife of the deceased, and as such entitled to administration, and if such common-law marriage be,established, then whether George Howard Clark, the child of said Jeanette Clark, was the lawful child of the said deceased. These contentions were raised by objections filed by said Jeanette Clark. The Surrogate decided against her claim of a common-law marriage and the objections filed by her were overruled. This determination is not contrary to the weight of the credible evidence. The exhibits marked for identification, which appellant claims were erroneously excluded, if admitted, would not change the result in our opinion and the exclusion thereof does not show any prejudicial error. Present — Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ.

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Decree of the Surrogate’s Court of Queens County which granted probate of the last will and testament of Nelson Sherwood Clark, Jr., deceased, and directed the issuance of letters of administration with the' will annexed to the public administrator of said county, unanimously affirmed, with one bill of costs, payable out .of the.estate, to each group of respondents filing a separate brief. In the court below the question was whether the appellant, Jeanette Clark, was the common-law wife of the deceased, and as such entitled to administration, and if such common-law marriage be,established, then whether George Howard Clark, the child of said Jeanette Clark, was the lawful child of the said deceased. These contentions were raised by objections filed by said Jeanette Clark. The Surrogate decided against her claim of a common-law marriage and the objections filed by her were overruled. This determination is not contrary to the weight of the credible evidence. The exhibits marked for identification, which appellant claims were erroneously excluded, if admitted, would not change the result in our opinion and the exclusion thereof does not show any prejudicial error. Present — Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ.

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Bluebook (online)

271 A.D.2d 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-clark-nyappdiv-1946.