MATTER OF WARREN


16 A.D.2d 505 (1962)

In the Matter of The Estate of La Verte T. Warren, Deceased. Joseph H. Warren, as Temporary Administrator and Executor, Appellant; Alice J. Warren et al., Respondents

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

June 18, 1962.


Attorney(s) appearing for the Case

Charles J. Hyman for appellant.

Samuel Wagner for Alice J. Warren, respondent.

KLEINFELD and BRENNAN, JJ., concur with CHRIST, J.; HOPKINS, J., dissents, in opinion, and votes to reverse the decree and to remit the proceeding to the Surrogate's Court for further proceedings not inconsistent with his dissenting opinion. UGHETTA, Acting P. J., concurs with HOPKINS, J.


CHRIST, J.

We are here concerned with the provisions of subdivision 9 of section 18 of the Decedent Estate Law. This section affords to a surviving spouse a right to elect to take his or her share of the estate of the deceased spouse as in intestacy, against the deceased's will, subject to certain limitations, conditions and exceptions set forth in the section.

Said subdivision 9 provides that the surviving...

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