MATHERSON v. MATHERSON


31 A.D.2d 542 (1968)

Winifred B. Matherson, Respondent, v. Jean Matherson, Individually and as Executrix of Robert Matherson, Jr., Deceased, Appellant

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

November 12, 1968


In this action plaintiff seeks a declaratory judgment that she was the lawful wife of the decedent at the time of his death; that defendant is not the decedent's lawful widow; and that a Mexican decree of divorce procured by the decedent against plaintiff was a nullity. Prior to the commencement of this action, plaintiff petitioned the Surrogate's Court, New York County (alleging that she was the surviving spouse of the decedent), for an order relieving her from her default...

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