Majority
p. 653In the Matter of the Application of Henry A. Hinman, Appellant, for the Removal of Vena M. Hinman, Respondent, as Administratrix of the Estate of Charles N. Hinman, Deceased. (Argued June 10, 1912; decided June 21, 1912.)
Headnote
Matter of Hinman, 147 App. Div. 453 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1912, which reversed a decree of the Broome
p. 654
County Surrogate’s Court revoking letters of administration theretofore issued on the estate of Charles N. Hinman, deceased.
Henry A. Yetter for appellant.
Harvey D. Hinman for respondent.
The order of the Appellate Division should be affirmed, with costs, solely upon the ground that there was evidence sufficient to authorize the finding that there was a common-law marriage between the administratrix and decedent prior to January 1st, 1902, the date on which chapter 339 of the Laws of 1901 took effect; and also that such evidence was sufficient to raise a presumption of a ceremonial marriage prior to that date. The conclusion of the Appellate Division, that chapter 742 of the Laws of 1907 has now made common-law marriages valid in this state, has not been considered or determined by us.
Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ., concur.
Order affirmed.