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MATTER OF PORTER

208 Misc. 611 (1954)

In the Matter of The Estate of Seton Porter, Deceased.

Surrogate's Court, New York County.

November 22, 1954.

Attorney(s) appearing for the Case

William C. Pierce for Thomas W. Dawson and another, as executors of Seton Porter, deceased, petitioners.

Charles S. Bannerman for Gertrude C. Porter, respondent.

William Fitz Gibbon and Henry L. Ughetta, II, for Marie B. Porter and others, respondents.

James T. Tynion and Donald H. Balleisen for New York Trust Company and another, as temporary administrators of the estate of Frederica B. Porter, deceased, respondents.

Genevieve Fraiman for Phelps Association, respondent.

COLLINS, S.

The court holds that Gertrude Cheever Porter, the first wife of the testator, under the agreement of separation dated March 21, 1924, has no claim to any payment from his estate after his death except such as had accrued at that time. The general proposition that alimony payments cease on the death of the husband may be avoided by an express agreement of the parties. (Matter of Grimley, 200 Misc. 901

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