Briggs v. Hemstreet-Briggs

Appeal from a judgment of the Supreme Court (Hughes, J.), entered August 24, 1998 in Schoharie County, which, inter alia, granted plaintiffs motion for partial summary judgment.

Harvey D. Briggs (hereinafter decedent) died on January 2, 1996 at the age of 73 and left surviving him defendant, his second wife to whom he had been married for 18 months, a brother and several nieces and nephews. A dispute between plaintiff, one of decedent’s nephews and designated executor, and defendant over decedent’s final resting place was previously before this Court (see, Matter of Briggs v Hemstreet-Briggs,…