MATTER OF STILLWELL


9 Misc.2d 728 (1957)

In the Matter of The Estate of Sara C. Stillwell, Deceased.

Surrogate's Court, New York County.

August 16, 1957.


Attorney(s) appearing for the Case

Frank A. Ballucci for Elizabeth A. Schiller, as administratrix, petitioner.

Begun Brothers for Richard S. Stillwell, individually and as administrator, d.b.n., and another, respondents.

Robert J. McGinn for National Surety Corporation, respondent.


S. SAMUEL DI FALCO, S.

The accounting party moves to disaffirm the report of the Referee and for a determination by the court that the objectant was not the lawful husband of the decedent for the reason that he had not been validly divorced from his former wife at the time that he entered into marriage with the decedent.

The court record, introduced in evidence by the accounting party, contains the judgment of divorce in favor of the former wife...

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