Argued November 29, 1965
Decided December 30, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN D. BENNETT, S.
William L. Darrow for appellant.
Mortimer Katz for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.
Full title:In the Matter of the Estate of MARY J. OSWALD, Deceased. PERRY ALEXANDER…
Court:Court of Appeals of the State of New York
Date published: Dec 30, 1965
There is one appellate decision which, if not distinguishable, is controlling. In Matter of Oswald, 43…
Shenandoah v. City of PhiladelphiaMatter of Maiden, supra, 284 N.Y. at 432, 31 N.E.2d at 890. Where there is no proof that the surviving…