Order and decree unanimously reversed on the law and facts, with costs to appellant payable out of the estate, and matter remitted to Surrogate's Court, Cayuga County, for further proceedings in accordance with the following memorandum:
On December 27, 1935 Helen Frost, decedent's first wife, obtained an interlocutory decree of divorce in Supreme Court, Cayuga County, which contained a provision prohibiting the decedent from remarrying during the lifetime of the plaintiff...
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