Legal Opinion
In re the Estate of Brown
New York Court of Appeals
Decided November 16, 1976PublishedCited by 9 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed essentially for the reasons stated in its memorandum opinion. We note particularly that, though the presumption in favor of the validity of the second marriage is a powerful one, requiring "strong and satisfactory” proof to the contrary from one who would attack it (Whittley v Whittley, 60 Misc 201, 203) "even though this might require the proof of a negative” (Apelbaum v Apelbaum, 7 AD2d 911; see, also, Matter of Dugro, 261 App Div 236, affd 287 NY 595; Boyd v Boyd, 252 NY 422), when, as here, the deceased wife’s second…
2Cases cited6 opinions
- Boyd v. BoydNew York Court of Appeals · 1930
- In re ButtlesAppellate Division of the Supreme Court of the State of New York · 1941
- In Re the Estate of DugroNew York Court of Appeals · 1941
- Apelbaum v. ApelbaumAppellate Division of the Supreme Court of the State of New York · 1959
- Whittley v. WhittleyNew York Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mack v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Seidel v. Crown IndustriesAppellate Division of the Supreme Court of the State of New York · 1987
- Metropolitan Life Ins. Co. v. JacksonDistrict Court, S.D. New York · 1995
- People v. MulgraveAppellate Division of the Supreme Court of the State of New York · 1990
- Calim of Gomez v. Windows On the WorldAppellate Division of the Supreme Court of the State of New York · 2005
4 more not listed; retrieve them via the Exa API.