BENNETT v. THOMAS


38 A.D.2d 682 (1971)

Ronald P. Bennett et al., as Executors of Jane V. Bennett, Also Known as Jane V. B. Thomas, Deceased, Respondents, v. James Thomas, Appellant. (Appeal No. 1.)

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

December 9, 1971


Order affirmed with costs. Motion to strike certain parts of respondents' brief denied.

Memorandum:

Special Term properly refused to dismiss plaintiffs' complaint since decedent's sons as plaintiffs, suing individually and as executors of their mother's estate, allege in their complaint an interest to avoid such marriage by reason of such relationship. Such an interest supported by sufficient proof may entitle them to a postdeath annulment of their mother...

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