CONFLICTS OF LAW-DIVORCE-RES JUDICATA EFFECT OF DECREE AS TO THIRD PARTIES

Authors

Paul M.D. Harrison S.Ed., University of Michigan Law SchoolFollow

Abstract

Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no right to attack collaterally the foreign decree, but the New York Court of Appeals reversed. On certiorari, held, reversed. The Court concluded, Justice Frankfurter dissenting, that under Florida law the respondent would have no standing to make a collateral attack on the Florida jurisdiction, and New York is obliged to act in the same manner. Johnson v. Muelberger, 340 U.S. 581, 71 S.Ct. 474 (1951).

Recommended Citation

Paul M. Harrison S.Ed., CONFLICTS OF LAW-DIVORCE-RES JUDICATA EFFECT OF DECREE AS TO THIRD PARTIES, 50 Mich. L. Rev. 465 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss3/9