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In re Spencer's Estate

110 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1908-05-13 English

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p. 1146
In re SPENCER’S ESTATE.
(Supreme Court, Appellate Division, Fourth Department.
May 13, 1908.)

Headnote

In the matter of the estate -of Albert J. Spencer, deceased.

Order modified, in accordance with memorandum filed with the clerk, and, as so modified, affirmed, with $10 costs and disbursements, payable out of the estate. Held, that decedent, notwithstanding the fact that appellant had obtained a judicial decree of separation from him some years before his death, and that he had not since such decree contributed to her support, died “having a family” and “leaving a widow,” within the meaning of section 2713 of the Code of Civil Procedure.