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  5. 34 N.Y.2d 27 (1974)
 

MATTER OF BENJAMIN

34 N.Y.2d 27 (1974)

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

Court of Appeals of the State of New York.

Decided March 29, 1974.

Attorney(s) appearing for the Case

Marie Vogelstein, administratrix, for herself and other appellants.

Joseph Slavin for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and STEVENS concur with Judge JASEN; Judge GABRIELLI dissents and votes to affirm in a separate opinion; Judge RABIN taking no part.

JASEN, J.

Jacob Benjamin died intestate on March 20, 1971. Rival widows claimed the estate, valued at $17,000, and sought letters of administration. Olga Benjamin claimed by virtue of a common-law marriage in 1927; Lucille Benjamin by virtue of a ceremonial marriage in 1956. After a trial in Surrogate's Court, Kings County, it was adjudged, inter alia, that Lucille was the widow of the decedent and that...

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