COOKE v. COOKE


2 A.D.2d 128 (1956)

Patience M. Cooke, Appellant, v. Cora T. Cooke, as Executrix of Gordon C. Cooke, Deceased, Respondent

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

July 2, 1956.


Attorney(s) appearing for the Case

William F. Bleakley, Charles Brieant, Jr., Isidor Enselman and George Dines for appellant.

Allan R. Campbell and Robert Garlock for respondent.

MURPHY and UGHETTA, JJ., concur with BELDOCK, Acting P. J.; HALLINAN, J., concurs in the affirmance of the order but dissents from the affirmance of the judgment and votes to reverse the judgment and to grant judgment in favor of appellant for the relief demanded in the complaint, in opinion.


BELDOCK, Acting P. J.

Appellant, the divorced wife of Gordon C. Cooke, deceased, seeks to recover from his estate installments of alimony alleged to have accrued after his death, pursuant to the terms of a written separation agreement which was later incorporated into the decree of divorce.

The principal question to be determined is whether, under the agreement, after the husband's demise his former wife...

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