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MORGAN v. MORGAN

111 A.D.2d 790 (1985)

Harnetha Morgan, as Ancilliary Administratrix C.T.A. of The Estate of Charlie Morgan, Deceased, and as Guardian of Christopher Morgan, an Infant, Respondent, v. Patricia Morgan, Also Known as Patricia Payne, Appellant

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

June 10, 1985

Order reversed, on the law, without costs or disbursements, and defendant's motion to dismiss granted.

On March 18, 1968, Charlie Morgan married Harnetha Reeder in Maryland. One child was born from that marriage, viz., Christopher Morgan.

EPTL 6-2.2 (c) (eff Sept. 1, 1975) provides that:

"A disposition of real property to persons who are not legally married to one another but who are described in the disposition as husband and wife creates in them...

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