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WILLIAMS v. "SMITH"

16 Misc.2d 585 (1959)

Elizabeth Williams, Plaintiff, v. Clara P. "Smith", Also Known as Clara P. Williams et al., Defendants.

Supreme Court, Special Term, Kings County.

April 6, 1959.

Attorney(s) appearing for the Case

Lawrence, Henkoff & Lawrence (Charles Kemins of counsel), for plaintiff.

Martin, Wiltshire, Cambridge & Kerr for Clara P. "Smith", defendant.

WALTER R. HART, J.

In this action for a declaratory judgment and partition, plaintiff claims to be the widow of the deceased; that the conveyance of the real property purporting to create a tenancy by the entirety between the decedent and defendant "his wife", in effect created a tenancy in common, since plaintiff's marriage antedated defendant's by a great number of years.

In opposition to the instant...

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