Legal Opinion
In re the Estate of O'Neil
New York Surrogate's Court
Decided September 19, 1946PublishedCited by 4 opinions
1Opinion of the Court
McGarey, S.
This proceeding was instituted for the revoca,tion of the letters of administration heretofore issued herein, *834the petitioner claiming status as the husband of the decedent; It presents another variation of the age-old problem of determining the legal effect of the cohabitation of a man and woman without the benefit of a religious or civil marriage ceremony.
The facts are not disputed. The decedent was.born in Albany, New York, in 1885 and married John J. O’Neil, Jr., in a religious ceremony in the city of her birth in 1904. The sole issue of the marriage, a daughter, was born in…
2Cases cited18 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Boyd v. BoydNew York Court of Appeals · 1930
- Matter of CaseNew York Court of Appeals · 1915
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- In re the Estate of CallahanNew York Surrogate's Court · 1931
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3Cited by4 opinions
- Kelly v. Metropolitan Life Insurance CompanyDistrict Court, S.D. New York · 1972
- Seagriff v. SeagriffNew York Family Court · 1960
- De Soucey v. FlemmingDistrict Court, S.D. New York · 1960
- In re the Estate of O'NeilAppellate Division of the Supreme Court of the State of New York · 1947