Legal Opinion

In re Malloy

New York Supreme Court

Decided March 4, 1959Published

1Opinion of the CourtMorris E. Spector, J.

This is an application for the appointment of an ancillary committee. The alleged incompetent was married in 1912 and lived with her husband in The Bronx until 1951. In or about November, 1951, the incompetent left the home in which they had lived and moved to California. There is no indication that the conduct of the husband would entitle the wife to a separation or divorce, nor was there a formal agreement or judicial decree of separation or divorce. There is also no showing- that the husband ever objected to his wife’s departure. He remained at the home, which was owned by the wife, until…

2Cases cited4 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. In Re the Estate of TrowbridgeNew York Court of Appeals · 1935
  3. In Re Proving the Will of DaggettNew York Court of Appeals · 1931
  4. In re the Ancillary Appointment of a Foeign Committee of the Estate of ClineAppellate Division of the Supreme Court of the State of New York · 1954

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