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MATTER OF SERNAU

36 Misc.2d 348 (1962)

In the Matter of The Estate of Paul E. Sernau, Deceased.

Surrogate's Court, New York County.

July 27, 1962

Attorney(s) appearing for the Case

Jerome Teich for Lotte G. Sernau, petitioner. Milton Gelman for Harris Cohen, respondent. Aaron J. Funk for Gerald E. Sernau, as executor, and others, respondents.

JOSEPH A. COX, S.

This is a construction proceeding to determine whether or not testator's widow may elect to take against the will because of its failure to comply with the provisions of section 18 of the Decedent Estate Law. She asserts such right by reason of paragraph FIRST of the will read in conjunction with paragraph FOURTH (c). They provide as follows:

"FIRST "If my wife, LOTTE G....

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