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MATTER OF ABRAHAM

4068, 1381/10

80 A.D.3d 498 (2011)

914 N.Y.S.2d 629

In the Matter of the Estate of RAIMUND JOHANN ABRAHAM, Deceased. UNA KATRINA ABRAHAM, Respondent. JOAN WALTEMATH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 18, 2011.

Even if objectant could prove that she was the deceased's concubine under the law of Oaxaca, Mexico, her relationship with the deceased would not be recognized as a marriage in New York because concubinage is not considered marriage in Oaxaca (see Van Voorhis v Brintnall, 86 N.Y. 18, 25 [1881]; Matter of Mott v Duncan Petroleum Trans., 51 N.Y.2d 289, 292 [1980]; see also Godfrey v Spano, 

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