MATTER OF LINGG


29 Misc.2d 524 (1961)

In the Matter of The Estate of Joseph Lingg, Deceased.

Surrogate's Court, Westchester County.

July 6, 1961


Attorney(s) appearing for the Case

Unterman & Alfieri for petitioner. Joseph Fearon for respondent.


JOHN J. DILLON, S.

The executor instituted this proceeding pursuant to section 145-a of the Surrogate's Court Act to determine the validity and effect of a notice of election filed by the testator's widow. The evidence clearly established that both the decedent and the surviving spouse executed a prenuptial agreement dated December 19, 1952. The agreement which was duly acknowledged expressly provides that "Each party hereto hereby waives the right which...

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