MATTER OF DONNELLY


3 Misc.2d 986 (1956)

In the Matter of The Estate of Dorothy W. Donnelly, Deceased.

Surrogate's Court, New York County.

July 6, 1956.


Attorney(s) appearing for the Case

William J. Duggan for petitioner.

Harry Grossman for respondent.


WILLIAM T. COLLINS, S.

This is a proceeding to determine the validity of an election filed by the husband of the deceased to take his intestate share of her estate. His right to do so is contested by the respondent executrix upon the theory that his abandonment of the deceased and his failure to support her constitute a bar under the statute. (Decedent Estate Law, § 18, subd. 4.)

The testimony developed the record of a strange and turbulent...

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