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MATTER OF FULLER

9 A.D.2d 565 (1959)

In the Matter of the Probate of The Will of Benjamin Fuller, Deceased. Eloise S. De Clercq et al., Individually and as Proponents of The Will of Benjamin Fuller, Deceased, Appellants; Hilda I. Fuller et al. Respondents

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

August 13, 1959

She had been previously married to a Raymond Withrow in Massachusetts in 1924, and had commenced an action for divorce against him in that State in 1932. In 1933 she went to Florida and on October 2, 1935 started divorce proceedings against him there. Service was by publication in a Florida newspaper. A final decree of divorce was granted by the Florida court on November 8, 1935 and she married the decedent in Florida in February of 1936. The Massachusetts action was dismissed...

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