MATTER OF SIMMS


26 N.Y.2d 163 (1970)

In the Matter of The Estate of Albert I. Simms, Deceased. Harold Simms et al., as Executors of Albert I. Simms, Deceased, Respondents; Eva Jankowitz, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1970.


Attorney(s) appearing for the Case

Raymon M. Loew and John J. Halleron, Jr. for appellant.

Herbert Schrank, Sidney Segelstein and David B. Bernfeld for respondents.

Chief Judge FULD and Judges BURKE, JASEN and GIBSON concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judge BRIETEL concurs.


BERGAN, J.

Petitioner Eva Jankowitz is a niece by the half blood of decedent Albert I. Simms. Her father and Simms were half brothers. The question in the case is whether an antenuptial agreement between them, followed by a religious solemnization of marriage which conformed with the canons of the Jewish faith but which has been held void in a matrimonial action brought in his lifetime by the decedent, remains...

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