Matter of Carroll

Robert M. Schwab for Vina Carroll, petitioner. Edward F. Ronan and Harold S. Taylor for Mae C. O'Day, as executrix of Leon W. Carroll, deceased, respondent. In this case, under its unique facts, it has been strongly and somewhat convincingly contended by counsel for the respondent-executrix that the determination of the issue in favor of the petitioner would be inequitable and unjust. But a contrary conclusion could not be brought in accord with the applicable law. An amendment of the law designed to preclude a surviving spouse, under such facts as exist herein, would be a matter for the consideration of the Legislature, not for a Surrogate's Court. Having determined that petitioner was the spouse of the decedent at the date of his death and thereupon became his surviving spouse automatically has the effect of settling the issue in relation to rights accorded to her under the provisions of section 200 of the Surrogate's Court Act, and the executrix must be and is hereby directed to proceed accordingly.