In re the Estate of Lueke

William J. Regan, S.

The deceased, Cyril Lueke, and Sally Lueke were married on April 30, 1955. Ño issue was born of this marriage. On July 1, 1964, an interlocutory decree of annulment was granted and ¡filed in the Erie County Clerk’s office and was to become final 90 days thereafter as provided by the law existing at that time. (Domestic Relations Law, § 242.)

The deceased died intestate on July 23, 1964, or 23 days after the entry of the interlocutory decree and prior to the decree becoming final as provided for by the terms thereof. No proceedings were instituted by Sally Lueke subsequent…