Legal Opinion

In re Estate of Joseph

New York Court of Appeals

Decided December 10, 1970PublishedCited by 6 opinions

1Opinion of the CourtBreitel, J.

The issue is whether an Alabama divorce decree between decedent and his widow, allegedly subject to attack in Alabama as having been obtained without the actual residence of either spouse, must have been ignored by the Surrogate. It is concluded that the Surrogate was entitled to extend recognition to the Alabama divorce decree and that, therefore, the order of the Appellate Division affirming his decree should itself be affirmed.

Decedent and his wife were married in 1948. They were and remained residents of this State. In 1959 decedent obtained an Alabama divorce, allegedly without bona fide…

2Cases cited11 opinions

  1. Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
  2. Griffin v. GriffinSupreme Court of the United States · 1946
  3. Worthley v. WorthleyCalifornia Supreme Court · 1955
  4. Gould v. . GouldNew York Court of Appeals · 1923
  5. Hartigan v. HartiganSupreme Court of Alabama · 1961

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3Cited by6 opinions

  1. Overmyer v. Eliot RealtyNew York Supreme Court · 1975
  2. In re the Estate of KellnerNew York Surrogate's Court · 1981
  3. Claim of Rusyniak v. Syracuse Flying School, Inc.New York Court of Appeals · 1975
  4. Claim of Rusyniak v. Syracuse Flying School, Inc.New York Court of Appeals · 1975
  5. Claim of Wheeler v. Stewart Mapping ServiceAppellate Division of the Supreme Court of the State of New York · 1976

1 more not listed; retrieve them via the Exa API.

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