In re Tompkins

Finch, J.:

This is a proceeding brought by a son to revoke letters of administration issued to his stepmother as the widow of his father, upon the ground that she was not the lawful wife of the decedent. Upon the trial it appeared that the administratrix on March 30, 1892, was married to one Clifford McGill or Magill. On June 7, 1920, she married the decedent and lived with him and cared for him as his wife from that time until his decease. The petitioner contended that the administratrix had not used due diligence to ascertain whether or not her former husband was alive before contracting the…