MATTHEWS v. DENCH


279 A.D. 866 (1952)

Maude C. Matthews, Appellant, v. Eustace V. Dench, as Executor of Henry C. Matthews, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1952.


The Nevada decree establishes that there were grounds under the law of that State for a divorce between plaintiff and defendants' testator, the binding force of which we must recognize. Plaintiff was no longer his wife when he died and could not have filed an election to take against his will pursuant to section 18 of the Decedent Estate Law. Plaintiff therefore contends that she is not suing for a share in his estate but for damages resulting from fraud in inducing her to...

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