Opinion
May 16, 1949.
Appeal from Surrogate's Court, Nassau County.
Present — Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ. [See post, pp. 944, 961.]
Appellant, decedent's child and sole legatee under his will, claimed that respondent's marriage to decedent was void on the ground that a divorce obtained from decedent in Florida by a former wife, in which action he had appeared, was invalid because of failure to comply with the residence requirements of that State. Order and decree unanimously affirmed, with costs to respondent, payable out of the estate. ( Shea v. Shea, 270 App. Div. 527.)