Tuesday, January 18, 2011

A Problem Of Proof

A decision issued today by the New York Appellate Division for the First Judicial Department in a probate matter is quoted in full:

Order, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered on or about June 7, 2010, which granted the petition for letters of administration, unanimously affirmed, without costs.

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 (citations omitted)

(Mike Frisch)


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