MATTER OF LOCKE


21 A.D.2d 248 (1964)

In the Matter of The Estate of Harvey C. Locke, Deceased. Lela A. Locke, Appellant; Philip Korn, as Executor and Legatee, et al., Respondents; Kathleen L. Rabe, Intervenor-Respondent

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

June 1, 1964.


Attorney(s) appearing for the Case

John A. Bonomi and Manuel Dittenheimer for appellant.

N. LeVan Haver for respondents.

Connelly & Connelly (Vincent G. Connelly of counsel), for intervenor-respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.


HAMM, J.

The appellant, alleged widow, filed a notice of election to take her intestate share. The respondents thereupon served petitions contesting the validity of the notice of election. The appellant answered stating that a divorce obtained by her husband, the testator, against her in the State of Florida "was obtained by fraud practiced * * * on the respondent herein".

The action for divorce in the...

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