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MATTER OF AARONSON

20 A.D.2d 133 (1963)

In the Matter of The Estate of Ira N. Aaronson, Deceased. Jordan Aaronson, as Executor, et al., Appellants; Robert J. Pape, as Special Guardian, Respondent

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

December 23, 1963.

Attorney(s) appearing for the Case

Norman Burger (David Harrison Storper of counsel), for Jordan Aaronson, appellant.

Ebenfeld & Leeds (David Harrison Storper of counsel), for Evelyn C. Aaronson, appellant.

Robert J. Pape, special guardian for infant contingent remaindermen, respondent in person.

UGHETTA, Acting P. J., KLEINFELD, CHRIST and BRENNAN, JJ., concur.

HOPKINS, J.

The testator, Ira N. Aaronson, died on September 24, 1962. He was survived by his widow and by his son, the son being the executor under the will. The widow, pursuant to statute (Decedent Estate Law, § 18), filed a notice of election to take her intestate share of the estate against the will; and the son, as such executor, has instituted this proceeding under section 145-a of the Surrogate's Court Act to determine the validity and effect...

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