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MATTER OF WITTNER

277 A.D. 763 (1950)

In the Matter of The Estate of Raia Wittner, Deceased. Henry L. Wittner, Appellant; Louis S. Adler et al., as Executors of Raia Wittner, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

Decree affirmed.

No opinion.

VAN VOORHIS, J. (dissenting).

Petitioner-appellant is the surviving husband of Raia Wittner, deceased. He has elected to take his intestate share in her estate, against her will, under section 18 of the Decedent Estate Law. His petition for a decree establishing the validity of his election has been denied by the Surrogate, at least provisionally. The correctness of the Surrogate's decision depends upon whether...

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