In the Matter of the Estate of Esther A. Rechtschaffen, Deceased. Nathan Zucker, Appellant; Louis Rechtschaffen…

Summary

The New York Court of Appeals reversed the Surrogate Court’s order and remanded the matter, holding that the husband had not been proven to have abandoned or neglected his wife and therefore had not forfeited his right to be appointed administrator. The Court also held that the lower court erred in striking the records of the Magistrate’s and Domestic Relations Courts, which constitute relevant evidence of the husband’s support obligations.