MATTER OF DI GIACOMO


3 Misc.2d 16 (1953)

In the Matter of the Accounting of Frank A. Di Giacomo, as Executor of Frank Di Giacomo, Deceased.

Surrogate's Court, Westchester County.

February 17, 1953.


Attorney(s) appearing for the Case

Vaughan & Lyons for executor, petitioner.

Platow & Lyon for Hedwig Di Giacomo, respondent.

Abraham I. Nelson for Michael A. Di Giacomo, respondent.

Charles J. Wallace, special guardian.


CHARLES H. GRIFFITHS, S.

Pursuant to a duly executed stipulation filed in this court on December 16, 1952, the sole issue presented at this time is the validity and effect of the widow's right of election. The notice of election with proofs of service upon the executor was filed in this court on June 21, 1951.

The testator devised and bequeathed his entire estate to trustees and directed that one third of the net income of said trust be paid to...

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