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MATTER OF DAIL

29 Misc.2d 809 (1960)

In the Matter of The Estate of Bertha N. Dail, Deceased.

Surrogate's Court, New York County.

October 17, 1960

Attorney(s) appearing for the Case

Herbert J. A. Runsdorf for A. Howard Neely, as executor, petitioner.

Samuel J. Siegel and Arnold Ostwald for Harold W. Dail, respondent.

S. SAMUEL DI FALCO, S.

The will of the testatrix makes no provision for her husband. The first paragraph reads: "I state that I am the wife of Harold W. Dail, from whom I am separated, and who, by Agreement of Separation dated November 6, 1959, has waived any and all interest in my estate, pursuant to Paragraph 5 thereof." The executor under her will seeks a judicial determination of the validity and effect of a notice of election to take against the...

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