MATTER OF ARBUTHNOT


4 Misc.2d 725 (1956)

In the Matter of The Estate of Charles C. Arbuthnot, Deceased.

Surrogate's Court, Nassau County.

December 6, 1956.


Attorney(s) appearing for the Case

Maccaro & Griffin for petitioner.

Steven B. Derounian for contestants.


JOHN D. BENNETT, S.

The petitioner's right to letters of administration is dependent on whether she was the common-law wife of the decedent. Her petition is opposed by three sisters of the decedent. A hearing has been held and testimony taken on the issue involved.

To establish a common-law marriage, the validity of which is always open to suspicion, especially when one party is dead, clear, consistent and convincing evidence is required. (

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