Legal Opinion

In re the Estate of Donlay

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 1952PublishedCited by 1 opinion

1Opinion of the CourtTaylor, P. J.

The order denying appellant’s motion to dismiss the petition for a decree revoking letters of administration issued to appellant as widow of the deceased rests upon the Surrogate’s interpretation of section 9 of the Act of 1815 of the Commonwealth of Pennsylvania (Purdon’s Penna. Stat. Annotated, tit. 48, Marriage, § 169; tit 23, Divorce, § 92), the pertinent part of which reads as follows: “ The husband or wife, who shall have been guilty of the crime of adultery, shall not marry the person with whom the said crime was committed during the life of the former wife or husband; * * * From our…

2Cases cited5 opinions

  1. Lembcke v. United States (Lembcke, Third-Party-Defendants)Court of Appeals for the Second Circuit · 1950
  2. In re Estate of BellesheimNew York Surrogate's Court · 1888
  3. In re the Accounting of Security Trust Co.New York Surrogate's Court · 1948
  4. In re the Accounting of Security Trust Co.New York Surrogate's Court · 1948
  5. Kalmbacher v. Kalmbacher, Pennsylvania Court of Common Pleas, Susquehanna County1945

3Cited by1 opinion

  1. Pryor v. Merchants Mutual Casualty Co.New York Supreme Court · 1958

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