MATTER OF KITTINGER


199 Misc. 377 (1950)

In the Matter of The Estate of Harold D. Kittinger, Deceased.

Surrogate's Court, New York County.

November 21, 1950.


Attorney(s) appearing for the Case

Daniel G. Tenney, Jr., and John J. Duffy for Chase National Bank of the City of New York, as executor of Harold D. Kittinger, deceased, petitioner.

Francis J. Mahoney and Michael J. Mahoney for Joyce Kittinger, respondent.


COLLINS, S.

The executor of decedent's will has brought this proceeding pursuant to section 145-a of the Surrogate's Court Act, to obtain a determination as to the validity and effect of an election of the alleged wife of decedent to take against the provisions of his will. The petition alleges that decedent and his then wife, the respondent herein, entered into a separation agreement in which respondent waived...

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