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MATTER OF NEWINS

12 N.Y.2d 824 (1962)

In the Matter of The Estate of W. Lawrence Newins, Deceased. Celeste C. Newins, as Administratrix C. T. A., et al., Appellants-Respondents; Esther C. Newins, Individually and as General Guardian of Lenore R. Newins, Respondent-Appellant; Raymond A. Smith, Jr., as Special Guardian of Lenore R. Newins, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 6, 1962.

Attorney(s) appearing for the Case

Gordon M. Lipetz and John R. McNulty for Celeste C. Newins, appellant-respondent.

Wallace F. Davidow for Richard L. Newins, appellant-respondent.

Reginald C. Smith, Raymond A. Smith, Jr., in person, William W. Esseks and Pierre G. Lundberg for respondent-appellant and Raymond A. Smith, Jr., as special guardian, respondent.

No appearance for remaining respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order affirmed, without costs, in the following memorandum: By reason of the strong legislative policy reflected in subdivision 7 of section 1135 of the Civil Practice Act, we read the broad language of section 40 of the Surrogate's Court Act to vest in the Surrogate the power to decide and declare that a child of a void or voidable marriage is the legitimate child of the decedent whose will or estate is before him. (Cf., e.g., People ex rel. Bennett v. Laman, 277...

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