## Facts

- Decedent Kenneth Ranftle and Craig Leiby, a same-sex couple, were lawfully married in Canada and then lived in New York.
- Kenneth executed a will making specific bequests to three brothers and a goddaughter, leaving the residuary estate to Leiby, and naming Leiby as executor.
- After Kenneth’s death, Leiby petitioned to probate the will and identified himself as the decedent’s surviving spouse and sole distributee.
- The Surrogate’s Court admitted the will to probate and found Leiby to be the decedent’s surviving spouse and sole distributee, recognizing the Canadian marriage under New York’s marriage-recognition rule.
- Richard Ranftle, a brother, petitioned to vacate the probate decree, arguing that New York public policy barred recognition of the Canadian same-sex marriage and thus barred spouse/distributee status.
- The Surrogate’s Court denied the petition to vacate; Richard appealed.

## Issues

1. Whether New York should recognize a same-sex marriage validly celebrated in Canada for purposes of probate and estate distribution.
2. Whether the marriage fell within New York’s exceptions to recognizing foreign marriages valid where celebrated (statutory “positive law” bar or “natural law” bar).
3. Whether the Surrogate’s Court properly treated the surviving spouse as the decedent’s surviving spouse and sole distributee and therefore refused to vacate the probate decree.

## Decision

- The Appellate Division, First Department unanimously affirmed the order denying the brother’s petition to vacate probate, without costs.
- The court held that the Surrogate’s Court properly applied New York’s marriage-recognition rule to recognize the Canadian marriage.
- Because the marriage was valid where celebrated and did not fall within an applicable exception, Leiby was properly treated as the decedent’s surviving spouse and sole distributee.

## Legal Principles

- New York generally recognizes a marriage valid where celebrated under comity principles unless an exception applies.
- A “positive law” exception requires an express statutory prohibition rendering the marriage void or nonrecognizable in New York.
- A “natural law” exception is limited to marriages deemed fundamentally offensive as historically defined (commonly polygamous or incestuous unions), and does not extend to a same-sex marriage valid where celebrated.
- In probate proceedings, recognition of a valid foreign marriage may determine spouse status and distributee status absent a statutory bar or recognized natural-law bar.

## Conclusion

The court affirmed recognition of a Canadian same-sex marriage for New York probate purposes, holding that absent an express statutory prohibition or a historically recognized natural-law bar, the surviving spouse was properly treated as the decedent’s surviving spouse and sole distributee and the probate decree would not be vacated.


Matter of Ranftle, 917 N.Y.S.2d 195 (App. Div. 1st Dep’t 2011)