New York Court of Appeals

Olive Cornell, Also Known as Olive M. Irwin v. Elven J. Cornell, and Charlotte McCabe, Intervenor-Respondent

December 30, 19597 N.Y.2d 164

Summary

The New York Court of Appeals held that an interlocutory divorce decree matures into a substantive right after the statutory three‑month period, allowing the court to enter a final judgment nunc pro tunc, and therefore affirmed the plaintiff’s status as a widow entitled to an intestate share. Justice Desmond dissented, arguing that Matter of Crandall controls and bars such relief.