MATTER OF STOEGER


30 Misc.2d 1090 (1961)

In the Matter of The Estate of Alexander F. Stoeger, Deceased.

Surrogate's Court, Nassau County.

October 19, 1961


Attorney(s) appearing for the Case

Remsen Millham Bowdish & Spellman for executor. James A. Miner for Ruth Stoeger, respondent. Edward B. Towns for Marian S. Towns, and another, respondents. George Braver, as special guardian for Alexander Stoeger, Jr., an infant. Gerson A. Weiss, as special guardian for Maxine Stoeger, an infant.


JOHN D. BENNETT, S.

This is a proceeding commenced by the executor to settle his account and to determine the validity of a right of election filed by the decedent's widow.

The petitioner relies on an antenuptial agreement executed by the widow as a waiver of her right of election. The answer of the widow alleges that the antenuptial agreement contains no waiver or release of the respondent (widow) to take as against the will admitted to probate...

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