In re the Estate of Collins

Joseph A. Cox, S.

Motions for summary judgment were made in this proceeding by both the respondent and the executors. One of the issues in such motions was the validity of a divorce procured by the respondent in the State of Georgia. The motions for summary judgment were denied and the issue as to the respondent’s domicile at the time of the procurement of such divorce was reserved for a hearing (Matter of Collins, 25 Misc 2d 886, affd. on this point 12 A D 2d 307). At the opening of the hearing respondent’s attorney stated that he had attempted to serve answers to a notice to admit facts,…