Kimball v. Kimball, 174 U.S. 158 (1899)

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Kimball v. Kimball


No. 248


Argued April 19, 1899
Decided May 1, 1899
174 U.S. 158

ERROR TO THE SURROGATE’S COURT OF THE
COUNTY OF KINGS, STATE OF NEW YORK

Syllabus

If the petition of a woman, claiming to be the widow of a man supposed to have died intestate, for the revocation of letters of administration previously granted to his next of kin, and for the grant of such letters to her, is dismissed by the surrogate’s court upon the ground that a decree of divorce obtained by her in another state from a former husband is void, and she appeals from the judgment of dismissal to the highest court of the state, which affirms that judgment, and, pending a writ of error from this Court, it is shown that a will of the deceased was proved in the surrogate’s court after its judgment dismissing her petition, and before her appeal from that judgment; the writ of error must be dismissed.

The statement of the case is in the opinion of the Court.