Mary O’gara, Appellant v. Mary E. Eisenlohr, Administratix of Patrick Donnery, Respondent

Summary

The Court reversed the Surrogate's order granting letters of administration to Mary E. Eisenlohr, holding that her marriage to Patrick Donnery was void because his first wife was alive at the time. The Court further held that a presumption of death cannot be made without proof, and therefore Eisenlohr could not claim widow's rights to the estate.