FAY v. FITZGERALD

No. 452, Docket 72-1817.

478 F.2d 181 (1973)

Christa Ruthe FAY, Plaintiff-Appellant, v. Thomas I. FITZGERALD, as Public Administrator of the County of New York, as Administrator of the Goods, Chattels and Credits of John Patrick Fay, also known as John P. Fay, Deceased, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 8, 1973.


Attorney(s) appearing for the Case

William G. Mulligan, New York City (Mulligan & Jacobson, New York City, of counsel), for plaintiff-appellant.

Joseph T. Arenson, New York City (Waldemar J. Dittmar, Philip Bekerman, and Elias Karban, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.


DAVIS, Judge :

John Patrick Fay, an elderly well-to-do resident of Manhattan, died abroad in 1972 ; he left no will and appellee, the Public Administrator of New York County, was designated by the Surrogate's Court as administrator of his estate. Appellant, Christa Ruthe Fay, a non-resident alien, made claim on appellee as the decedent's common-law widow, asserting that they were so married in Florida in 1960 when she was 23 and he 70. The other claimants to the estate...

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