In the Matter of the Estate of Fannie May, Deceased. Alice M. Greenberg, Appellants; Sam May, Respondents

Summary

The Court of Appeals affirmed the Surrogate's decree granting Sam May letters of administration as the surviving spouse, holding that a marriage valid where celebrated is valid in New York absent an express extraterritorial statute, and that neither the positive‑law nor natural‑law exceptions apply. Justice Desmond dissented, arguing that New York's statute makes the uncle‑niece marriage void and should be enforced.