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Matter of Bernklau

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1992
180 A.D.2d 609 (N.Y. App. Div. 1992)

Opinion

February 27, 1992

Appeal from the Surrogate's Court, Bronx County (Lee L. Holzman, S.).


Petitioner failed to overcome the presumption favoring the validity of respondent's marriage to decedent (see, Matter of Brown, 40 N.Y.2d 938; Matter of Seidel v. Crown Indus., 132 A.D.2d 729). There was simply no convincing evidence to rebut that presented by the expert on German and Austrian law for the years in question, that respondent's marriage to his first wife was properly terminated in 1939 under German law. This 1939 divorce was properly recognized by the Surrogate's Court under the doctrine of comity (see, Greschler v. Greschler, 51 N.Y.2d 368, 376-377).

Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Rubin, JJ.


Summaries of

Matter of Bernklau

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1992
180 A.D.2d 609 (N.Y. App. Div. 1992)
Case details for

Matter of Bernklau

Case Details

Full title:In the Matter of the Estate of GILDA BERNKLAU, Also Known as GILDA GROSS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1992

Citations

180 A.D.2d 609 (N.Y. App. Div. 1992)
580 N.Y.S.2d 320

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