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MATTER OF RATHSCHECK

300 N.Y. 346 (1950)

In the Matter of the Accounting of Elisabeth S. Rathscheck, as Administratrix of The Estate of Edgar R. Rathscheck, Deceased. J. Howard McGrath, Attorney General of The United States, as Successor to the Alien Property Custodian, Appellant. Elisabeth S. Rathscheck, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1950

Attorney(s) appearing for the Case

Ralph S. Spritzer and James L. Morrisson, Attorneys, Department of Justice, Irving H. Saypol, United States Attorney for the Southern District of New York, and Harold I. Baynton, Acting Director, Office of Alien Property, for appellant.

Homer I. Harris for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ., concur with DESMOND, J.; FULD, J., concurs in separate opinion; CONWAY J., dissents in opinion.

DESMOND, J.

Petitioner-respondent, Elisabeth S. Rathscheck, married Edgar R. Rathscheck, decedent above named, in 1933. In 1944, while both were residents of New York City, petitioner brought a suit against her husband, in a Mexican court, for an absolute divorce. Neither party went to Mexico at any time, but both joined by mail in the arrangements for the Mexican proceedings. Mrs. Rathscheck's petition was presented...

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