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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
July 02, 2014

Elements of Valid Marriage Not Proven

A woman petitioning to administer her alleged husband's estate over the objection of the deceased's sister was not entitled to summary determination that she was married and thus the sole distributee of the estate because although Family Court determined that the couple were married when they each sought orders of protection from that court, the matter of the validity of the marriage was never argued or decided on the merits, and the elements of a valid New York marriage were not proven. Estate of Weisberg, 2012-3470, NYLJ 1202651628436, at *1 (Surr., NY, Decided April 8, 2014).

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