Olive Cornell v. Elven J. Cornell Court of Appeals of New York ebook - epub
[7 N.Y.2d 164 Page 166] The question here is whether an interlocutory judgment of divorce, entered in a County Clerk's office in 1915, created substantive
rights in the plaintiff by the lapse of three months without any order intercepting the finality of the adjudication. Fifteen
years after the interlocutory decree, plaintiff remarried. Eight years after her remarriage her first husband (defendant in
the divorce suit) died. Her second husband died after she had cohabited with him as husband and wife for 26 years, leaving
a will giving his residuary estate to the intervenor-respondent. Plaintiff-appellant filed an election to take her intestate
share against the will under section 18 of the Decedent Estate Law. Her right to do so is contested by the residuary legatee
upon the ground that she is not his widow, that her marriage was illegal and void for the reason that a final judgment of
divorce was not entered upon the interlocutory judgment prior to her remarriage, and during the lifetime of her first husband.
When this interlocutory judgment of divorce was entered, section 1774 of the Code of Civil Procedure, after stating that no
final judgment dissolving a marriage [7 N.Y.2d 164 Page 167]
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