In re May’s Estate
New York Court of Appeals
305 N.Y. 486, 114 N.E.2d 4 (1953)
Sam May traveled with his niece by half-blood, Fannie May, from New York to Rhode Island, where the Mays were married in a traditional Jewish ceremony. Later, Sam and Fannie had six children. After Fannie’s death, Alice Greenberg (plaintiff), one of the children, filed a petition for the letters of administration of Fannie’s estate in New York. Sam objected, arguing that as the surviving husband, pursuant to state law, Sam had a superior right to administer Fannie’s estate. Greenberg, along with two of her sisters, argued that Sam was not the surviving spouse of Fannie, because the Mays’ marriage, although valid in Rhode Island, was contrary to the laws of New York. The trial court agreed and held in favor of Greenberg. Sam appealed. The appellate court reversed and concluded that the marriage between Sam and Fannie was valid in New York, because the degree of consanguinity of uncle and niece was not repugnant to state statute. Greenberg and her sisters appealed.
Rule of Law
Holding and Reasoning (Lewis, C.J.)
Dissent (Desmond, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.