In re the Judicial Settlement of the Account of Proceedings of Jones

Majority

p. 772

In the Matter of the Judicial Settlement of the Account of Proceedings of Thomas L. Jones, as Administrator, etc., of Jeremiah Jones, Also Called “Jeremiah L. Jones” and “Jere L. Jones,” Deceased. Francis D. Casey, One of the Next of Kin of Mary Casey Jones, Appellant; Thomas L. Jones, as Administrator, etc., and Others, Respondents.

Decree affirmed, with costs. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, J.J.; Merrell, J., dissents upon the ground that there is no evidence which justifies any presumption that the marriage between the deceased and Mary Casey Jones was ever dissolved; that in the absence of any proof to the contrary, it must be presumed that such marriage existed at the death of Jeremiah L. Jones; and that under the intestate laws his estate upon his death passed to his widow, who coneededly survived him.