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RATTRAY v. RAYNOR

10 N.Y.2d 494 (1962)

Jeannette E. Rattray, Appellant, v. Ludlow H. Raynor, Jr., as Executor of Sally J. Huntting, Deceased, Respondent, et al., Defendant. Clifford C. Edwards, as Executor of Florence N. Edwards, Deceased, Appellant, v. Ludlow H. Raynor, Jr., as Executor of Sally J. Huntting, Deceased, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided January 18, 1962.

Attorney(s) appearing for the Case

Reginald C. Smith, William W. Esseks and Pierre G. Lundberg for Jeannette E. Rattray, appellant.

Douglas E. Dayton and Benjamin J. Michne for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

These two actions were brought by relatives of Daniel Huntting, pursuant to section 1137 of the Civil Practice Act, to annul his marriage to Sally Jennings on the ground of his lunacy at the time the marriage was contracted. Both husband and wife have died since the actions were begun, and the procedural problems created by their decease give rise to greater complexities than the substantive merits of...

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