Legal Opinion
In re the Estate of Arbuthnot
New York Surrogate's Court
Decided December 6, 1956PublishedCited by 2 opinions
1Opinion of the Court
John D. Bennett, S.
The petitioner’s right to letters of administration is dependent on whether she was the common-law wife of the decedent. Her petition is opposed by three sisters of the decedent. A hearing has been held and testimony taken on the issue involved.
To establish a common-law marriage, the validity of which is always open to suspicion, especially when one party is dead, clear, consistent and convincing evidence is required. (Boyd v. Boyd, 252 N. Y. 422; Matter of Wells, 276 App. Div. 822, affd. 301 N. Y. 796.) The burden of proof to establish such common-law marriage is on the…
2Cases cited8 opinions
- Boyd v. BoydNew York Court of Appeals · 1930
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Graham v. GrahamAppellate Division of the Supreme Court of the State of New York · 1924
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of BurdakNew York Surrogate's Court · 1940
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3Cited by2 opinions
- Stern v. SternNew York Supreme Court · 1976
- In re the Estate of ArbuthnotAppellate Division of the Supreme Court of the State of New York · 1958