In re the Estate of Huber

Campbell, S.

The important question involved on this motion is whether respondent, Carrie E. Davis, formerly Carrie E. Huber, was on September 2, 1918, the date of death of Adolph Huber, his lawful widow. If she was, she is entitled to administer his estate; if she was not his lawful widow at that time, she is not entitled to letters of administration.

From the record before this court it appears that respondent brought an action for an absolute divorce against Adolph Huber in 1913 on statutory grounds and that a hearing was held thereon before a Special Term of the Supreme Court in the city of…