Appellate Division of the Supreme Court of New York, 1916

In re the Judicial Settlement of the Account of James

In re the Judicial Settlement of the Account of James
Appellate Division of the Supreme Court of New York · Decided September 15, 1916
174 A.D. 936; 160 N.Y.S. 1134
In re the Judicial Settlement of the Account of James

Opinion of the Court

Motion for reavgument denied. Motion to go to the Court of Appeals granted. The following questions are certified: (1) Did the judgment of the French court (Respondents’ Exhibit “ A ”) and the proceedings of the appellant thereunder estop the appellant from claiming an interest in the American property of the testator under the French law of community ? (2) Is the appellant estopped by her petition, answer, account and stipulations, and the conduct of the proceedings in the Surrogate’s Court, from now claiming any interest in the American estate ? (3) Upon the entire record herein, can the French law of community apply to the matrimonial property rights of the testator and the appellant ? (4) Has the Appellate Division power upon this record to direct that an open commission issue to take testimony in France ?

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