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Conflicts Keyed to Currie
Wyatt v. Fulrath
Facts
A husband and wife were nationals and residents of Spain. Due to the political instability leading up to the Spanish Civil War, they sent cash and securities to New York, though neither of them ever visited New York. The husband died in 1957. The wife later transferred some property held in a joint account in London to New York. The wife died in 1959. The husband and wife had agreed that the New York law of survivorship would apply to these funds under which the total amount of property went to the survivor. Spanish law provided that only half of the property would go to the survivor. Wyatt (Plaintiff), executor for the husband, sued Fulrath (Defendant), executor for the wife, for half of the funds over which the wife took total control upon the husband’s death.
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