MATTER OF BULOVA


14 A.D.2d 249 (1961)

In the Matter of The Estate of Arde Bulova, Deceased. Emily B. Henshel et al., as Executrices of Arde Bulova, Deceased, et al., Respondents; Ileana M. K. Bulova, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 1961.


Attorney(s) appearing for the Case

Sol A. Rosenblatt (Charles Roden and Richard L. Russell with him on the brief), attorney for appellant.

Simon Rose of counsel (Louis Nizer, Julius S. Chase and Albert F. Smith with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for executrices, respondents.

Sulzberger & Sulzberger for Harry B. Henshel, respondent.

David M. Berger (Edward Edelman with him on the brief), special guardian for infants, respondents.

STEVENS, EAGER, STEUER and NOONAN, JJ., concur.


BREITEL, J. P.

A widow appeals from a decree in Surrogate's Court, granted on cross motions for summary judgment under rule 113 of the Rules of Civil Practice. It was held that she had, in the lifetime of decedent, validly waived her right of election as a surviving spouse under section 18 of the Decedent Estate Law. Hence, it was also concluded that her attempted exercise...

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