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MATTER OF BENJAMIN

41 A.D.2d 771 (1973)

In the Matter of The Estate of Jacob Benjamin, Deceased. Lucille Benjamin, Respondent; Olga Benjamin et al., Appellants

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

March 26, 1973

Decree affirmed and order affirmed insofar as appealed from, with costs to petitioner-respondent, payable out of the estate.

No opinion.

Shapiro, J., concurs in the affirmance as to the order, but otherwise dissents and votes to reverse the decree and to adjudge that a valid common-law marriage was contracted between the decedent and Olga Benjamin in 1927, which marriage continued in force and effect until his death. Even were the testimony of...

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