From Casetext: Smarter Legal Research

Matter of Durham

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 23, 1938
255 App. Div. 941 (N.Y. App. Div. 1938)

Opinion

November 23, 1938.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Taylor, JJ.


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 concededly 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. All concur. (The portion of the decree appealed from denies a petition for appointment of an administrator.)


Summaries of

Matter of Durham

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 23, 1938
255 App. Div. 941 (N.Y. App. Div. 1938)
Case details for

Matter of Durham

Case Details

Full title:In the Matter of the Estate of R. ROY DURHAM, Also Known as ROBERT ROY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 23, 1938

Citations

255 App. Div. 941 (N.Y. App. Div. 1938)

Citing Cases

Matter of Durham

Upon reargument decree so far as appealed from, affirmed, with costs. (See Matter of Durham, 255 App. Div.…