MATTER OF UHLFELDER


29 Misc.2d 40 (1961)

In the Matter of The Estate of Richard Uhlfelder, Deceased.

Surrogate's Court, New York County.

May 29, 1961


Attorney(s) appearing for the Case

Hess Mela Segall Popkin & Guterman (Lionel S. Popkin of counsel), for Gertrude Uhlfelder, petitioner. Greenberg & Harris (Seymour J. Harris of counsel), for Lucile Haber and another, respondents. Verdi, Pierce & Van Winkle (William M. Van Winkle, Jr., of counsel), for Chase Manhattan Bank, respondent. Emanuel Thebner, as special guardian for Jonathan A. Haber, an infant, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding brought by the widow to determine the validity and effect of the exercise by her of a right of election it becomes necessary to construe the decedent's will.

Although it is apparently conceded that under the terms of the will the widow will receive her full intestate share of the decedent's estate, the contention is made that paragraph Twelfth of the said will effects a limitation of her right to receive...

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