Appellate Division of the Supreme Court of the State of New York June 1, 1964 (In re the Estate of Locke)

Hamm, J.

The appellant, alleged widow, filed a notice of election to take her intestate share. The respondents thereupon served petitions contesting the validity of the notice of election. The appellant answered stating that a divorce obtained by her husband, the testator, against her in the State of Florida “ was obtained by fraud practiced * * * on the respondent herein ’ ’.