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Matter of Ranftle

Supreme Court of New York, Appellate Division

917 N.Y.S.2d 195 (2011)

Relevant factsFree

Craig Leiby (defendant) and Kenneth Ranftle lawfully married as a same-sex couple in Canada before returning to live in New York, where Kenneth later executed a will leaving specific bequests to his brothers and a goddaughter but naming Leiby as residuary beneficiary and executor. After Kenneth's death, the Surrogate's Court granted probate finding Leiby was Kenneth's surviving spouse and sole distributee, since the Canadian marriage was valid under Canadian law and fell into neither exception to New York's marriage-recognition rule; Kenneth's brother Richard (plaintiff) intervened to vacate the probate order, arguing the marriage violated New York public policy since the state didn't itself recognize same-sex marriage at the time, but the Surrogate's Court denied his petition, and he appealed.

IssueFree

Whether a state marriage-recognition rule recognizes a marriage as valid if the marriage was considered valid in the place where it was celebrated.

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