In Re the Administration of the Estate of Crandall
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which affirmed, a decree of the Y ates County Surrogate’s Court granting to the respondents herein letters of administration upon the estate of Ira L. Crandall, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which affirmed, a decree of the Y ates County Surrogate’s Court granting to the respondents herein letters of administration upon the estate of Ira L. Crandall, deceased. The facts, so far as material, are stated in the opinion. The “interlocutory judgment,” so called, entered May 28, 1906, did not divorce Ira L. Crandall, deceased, from the appellant Nettie Crandall, nor in any way affect the status of the parties. (Code Civ. Pro. § 1774; Petit v. Petit, 45 Misc. Rep.…
1Opinion of the CourtHiscook, J.
The superficial question in this case is whether the appellant, who was the wife of one Ira L. Crandall, is entitled as widow to letters of administration on his estate, the same thus far having been refused to her. The underlying and interesting question is whether the marriage relation between him and her was so dissolved by a purported judgment in an action for absolute divorce brought by him that she is not his widow and is not entitled to such letters.
The brief facts which give rise to these questions are as follows:
The deceased having brought said action for divorce so succeeded therein…
2Cases cited7 opinions
- Danforth v. DanforthIllinois Supreme Court · 1884
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Robinson v. . GoversNew York Court of Appeals · 1893
- Downer v. HowardWisconsin Supreme Court · 1878
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