Legal Opinion

Fay v. Fitzgerald

Court of Appeals for the Second Circuit

Decided May 8, 1973No. 452, Docket 72-1817PublishedCited by 16 opinions

1Opinion of the Court

DAVIS, Judge:

John Patrick Fay, an elderly well-to-do resident of Manhattan, died abroad in 1972; he left no will and appellee, the Public Administrator of New York County, was designated by the Surrogate’s Court as administrator of his estate. Appellant, Christa Ruthe Fay, a non-resident alien, made claim on appel-lee as the decedent’s common-law widow, asserting that they were so married in Florida in 1960 when she was 23 and he 70. The other claimants to the estate were a resident of England who said she was the intestate’s half-sister and three French residents claiming to be nieces.…

2Cases cited18 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
  4. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  5. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959

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3Cited by16 opinions

  1. Beacon Construction Company, Inc. v. Matco Electric Company, Inc., D/B/A Dwyer Electric Co., Inc.Court of Appeals for the Second Circuit · 1975
  2. Russell A. Firestone, III and Myrna Odell Firestone v. The Cleveland Trust Company and Russell A. Firestone, Jr., DefendantsCourt of Appeals for the Sixth Circuit · 1981
  3. City of Lafayette, Louisiana, and City of Plaquemine, Louisiana v. Lousiana Power & Light CompanyCourt of Appeals for the Fifth Circuit · 1976
  4. Diane Giardina v. Adele Fontana, Individually and as Personal Representative of the Estate of Joseph FontanaCourt of Appeals for the Second Circuit · 1984
  5. Gwynn H. GILLIAM, Appellant, v. CITY OF OMAHA, a Municipal Corporation, Et Al., AppelleesCourt of Appeals for the Eighth Circuit · 1975

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