Law Commons^™

Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.

Michigan Law Review

Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no …