Bennett v. Thomas

Order affirmed with costs. Motion to strike certain parts of respondents’ brief denied. Memorandum: Special Term properly refused to dismiss plaintiffs’ complaint since decedent’s sons as plaintiffs, suing individually and as executors of their mother’s estate, allege in their complaint an interest to avoid such marriage by reason of such relationship. Such an interest supported by sufficient proof may entitle them to a postdeath annulment of their mother’s marriage to this defendant (Domestic Relations Law, § 140, subd. [e]). By virtue of statutory enactment, however, the husband is a…