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MATTER OF CLARK

26 Misc.2d 759 (1960)

In the Matter of The Estate of Vivian E. Clark, Deceased.

Surrogate's Court, New York County.

August 5, 1960

Attorney(s) appearing for the Case

Spar, Schlem & Burroughs (Charles Spar and Leon B. Savetsky of counsel), for Samuel J. Raiff, administrator c.t.a., petitioner. Chester J. Dodge, Jr., for Andrew J. Campbell, as executor of Victor M. Clark, deceased. Sereni, Herzfeld & Rubin (Herbert Rubin and Bernard J. Wald of counsel), for Angelo P. Sereni, attorney in fact for Andrew J. Campbell, respondent. Robert J. McGinn for National Surety Corporation, respondent.

JOSEPH A. COX, S.

The testatrix and her husband executed a joint will on March 18, 1954 and upon her death, a year and a half later, the will was admitted to probate. The husband lived until February, 1960 and upon his death the same instrument was admitted to probate as his will. Following the probate of the joint instrument as the will of the testatrix, her husband asserted a right of election pursuant to...

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