In Re May's Estate

114 N.E.2d 4 (1953)

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Nature of the Case

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Facts

W died in 1945. H objected to Alice, one of six children born from the marriage of W and H for issuance to her of letters of administration of the estate of her mother, W. H claimed to be the husband of W. H was W's uncle, and of course, W was H's niece. Alice contends that H is not the surviving husband of W because although their marriage was legal in Rhode Island, the marriage never had validity in New York where they were residents until W's death. W and H were married in Rhode Island at the home of a Jewish rabbi. They returned to New York two weeks later and lived there from 1913 until W's death in 1945. Statutory law in Rhode Island prohibited the marriage of a niece and uncle except between persons of the Jewish faith within the degrees of affinity and consanguinity allowed by their religion. Alice was granted letters of administration. This appeal resulted. That result was overruled by the Appellate Division. This appeal resulted.