MATTER OF LUNNEY


21 Misc.2d 455 (1959)

In the Matter of The Estate of William H. Lunney, Deceased.

Surrogate's Court, Orange County.

November 5, 1959.


Attorney(s) appearing for the Case

J. Allan Ballman for petitioner.

William A. Mayo for executor.

Warren Kelly for Mary B. Stanton.

Henry B. Merritt for William R. Lunney.

Angelo J. Ingrassia as special guardian for William H. Lunney, and any unborn issue of William R. Lunney.


W. NEWCOMB CALYER, S.

This proceeding was instituted to determine whether the decedent's widow, Minnie B. Lunney, had a right to exercise her election to take against the will, under the provisions of section 18 of the Decedent Estate Law.

Paragraph "NINTH" of the will created a residuary trust, from which one half of the net income was to be paid to the widow during her lifetime, the other half of the...

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