MATTER OF MAY


305 N.Y. 486 (1953)

In the Matter of The Estate of Fannie May, Deceased. Alice M. Greenberg et al., Appellants; Sam May et al., Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1953


Attorney(s) appearing for the Case

Helen M. Clark for appellants.

Morton L. Kimmelman and Matthew H. Bowcock for respondents.

CONWAY, DYE, FULD and FROESSEL, JJ., concur with LEWIS, Ch. J.; DESMOND, J., dissents in opinion; VAN VOORHIS, J., taking no part.


LEWIS, Ch. J.

In this proceeding, involving the administration of the estate of Fannie May, deceased, we are to determine whether the marriage in 1913 between the respondent Sam May and the decedent, who was his niece by the half blood — which marriage was celebrated in Rhode Island, where concededly such marriage is valid — is to be given legal effect in New York where statute law declares incestuous...

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