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In re the judicial settlement of the account of James

160 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1916-09-20 English

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p. 1134
In the matter of the judicial settlement of the account of Elizabeth Pratt de Gasquet JAMES, as executrix of the will of Amedee de Gasquet James, deceased. Elizabeth Pratt de Gasquet James, applt. George Watson Pratt de Gasquet James et al., respts.
(Supreme Court, Appellate Division, Third Department.
September 20, 1916.)

Headnote

For former opinion, see 159 N. Y. Supp. 140 .
Motion for reargument denied. Motion to go to the Court of Appeals granted.

The following questions are certified: (1) Did the judgment of the French court (Respondents’ Exhibit A) and the proceedings of the appellant thereunder estop the appellant from claiming an interest in the American property of the testator under the French law of community? (2) Is the appellant estopped by her petition, answer, account, and stipulations, and the conduct of the proceedings in the Surrogate’s Court, from now claiming any interest in the American estate? (3) Upon the entire record herein, can the French law of community apply to the matrimonial property rights of the testator and the appellant? (4) Has the Appellate Division power upon this record to direct that an open commission issue to take testimony in France?