Surrogate Peter Kelly
In this action to compromise claims for personal injuries and wrongful death, and to settle her account, petitioner sought to dismiss objections filed by decedent's two non-marital children. The objection to revoke petitioner's letters was granted on procedural grounds. Yet, an issue was raised on the validity of petitioner's marriage to decedent, and the court ordered an evidentiary hearing on the matter. The court noted petitioner established she and decedent entered into a ceremonial marriage in Nigeria in 1993 and lived with decedent as husband and wife until decedent's death. Objectant presented proof of a certificate of marriage registration bearing the name of decedent and Nyamuswa indicating a marriage took place in 1986 in Queens County, and a search of records did not show a dissolution of such marriage. The court stated where two competing marriages were proven, there arose a strong presumption in favor of the validity of the subsequent marriage, a presumption made even stronger where there were children of the subsequent marriage and a lengthy period of cohabitation, as here. It ruled objectant failed to rebut the strong presumption of validity of petitioner's marriage to decedent, dismissing the objection.
