Matter of Lindgren

Homer Lindgren died intestate. The effect of the order appealed from is to award the whole of his estate to his daughter and to exclude from all interest in that estate, decedent’s second wife. That result follows if we accept the holding of the Surrogate, made on petition of the daughter, that decedent’s Florida divorce from his first wife, and his subsequent marriage to cross-petitioner-appellant, were invalid. We think it settled that the daughter had no right to attack that second marriage. During decedent’s life, the courts would not have listened to any assertion by him, as against his…