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MATTER OF WITTNER

200 Misc. 957 (1951)

In the Matter of the Accounting of Louis S. Adler at al., as Executors of Raia Wittner, Deceased.

Surrogate's Court, New York County.

November 7, 1951.

Attorney(s) appearing for the Case

Israel S. Schwartz for executors, petitioners.

Wittner & Wittner for Henry L. Wittner, respondent.

Harold M. Geller and Theodore Shulman for Renate Baum and another, respondents.

Thomas J. McNamee, special guardian for Ravanna Schall and another, infants, respondents.

COLLINS, S.

It has been determined that the surviving husband has an absolute right to elect to take against the will (Matter of Wittner, 301 N.Y. 461). In this accounting proceeding, the executors have made no attempt to set forth the manner in which the right of election shall be satisfied. The adult beneficiaries and the husband object to the executors' failure to set...

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