MUSCILLO v. MUSCILLO


283 A.D. 787 (1954)

Silvia Muscillo, Appellant, v. Helen Muscillo et al., as Temporary Administrators of The Estate of Severino Muscillo, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 30, 1954.


There has been a change in the parties since the decision in this case, materially affecting the necessity or desirability of entering a declaratory judgment. The action is to declare the marital status of the parties, and the defendant husband is now dead. All that matters now to plaintiff are her rights in the decedent's estate. Whether her claimed widow's interest in the estate is sufficiently protected by the separation agreement or will require her establishing herself...

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