MATTER OF ELLIS


30 Misc.2d 225 (1954)

In the Matter of The Estate of Oscar E. Ellis, Deceased.

Surrogate's Court, Westchester County.

December 22, 1954


Attorney(s) appearing for the Case

Arthur H. Ellis, as executor and as temporary administrator, in person. Gorfinkel & Adler for Anna C. Ellis, widow of testator, objectant.


CHARLES H. GRIFFITHS, S.

In this executor's accounting proceeding the primary question involves the validity and effect of a right of election asserted by the surviving spouse under section 18 of the Decedent Estate Law. At the date of his death the only asset of the estate consisted of real property located in New Jersey.

The decedent died domiciled in Westchester County on March 8, 1951, survived by a widow and a son as his sole distributees...

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