In re the Estate of Newins

We are here concerned with the status as distributees of a woman who had entered into a purported marriage with testator and of their infant daughter.

Testator was born in 1906. Apparently he resided all of his life in Center Moriches, Long Island. On January 27, 1926 he married Kathleen Sheppard. On July 14, 1927 appellant Bichard L. Newins, hereinafter referred to as Biehard, was born of that marriage; he is an only child. On Setember 28, 1936, Kathleen procured a final decree of divorce in the Supreme Court, Nassau County. She is still living.

Testator could not lawfully remarry in this…