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Panel Finds Canadian Gay Marriage Valid in Probate Case
A New York State appeals court has cleared the way for a same-sex spouse to inherit the estate of his deceased partner. The Appellate Division, First Department, held in Matter of the Estate of H. Kenneth Ranftle, 4214, that recognizing the marriage in Canada of H. Kenneth Ranftle and J. Craig Leiby, who was designated as Mr. Ranftle's surviving spouse and sole distributee, did not violate public policy.
“[T]he Legislature's failure to authorize same-sex couples to enter into marriage in New York or require recognition of validly performed out-of-state same-sex marriages, cannot serve as an expression of public policy for the State,” the unanimous panel wrote in an unsigned ruling.
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