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MATTER OF BOURNE

2 A.D.2d 896 (1956)

In the Matter of The Estate of Arthur K. Bourne, Jr., Deceased. Lawrence G. Bourne et al., Infants, by Arthur M. Cromarty, Special Guardian, et al., Appellants; Elizabeth S. Bourne et al., Respondents

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

November 19, 1956

Decree reversed, with costs to abide the event, and proceeding remitted to the Surrogate's Court for further proceedings not inconsistent herewith.

The validity of the Florida divorce, which intestate obtained from his first wife without personal service, or without her appearance in the Florida action, is subject to attack by appellants, in this State, upon the ground of lack of domicile of intestate in Florida. (Williams v. North Carolina,

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