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MATTER OF TISNOWER

40 Misc.2d 778 (1963)

In the Matter of The Estate of William Tisnower, Deceased.

Surrogate's Court, New York County.

November 4, 1963

Attorney(s) appearing for the Case

Giusti & Mandel (Joseph M. Mandel of counsel), for petitioner. Cabell, Medinger, Forsyth & Decker (William D. Cabell of counsel), for respondent.

S. SAMUEL DI FALCO, S.

The problem presented in this proceeding to determine the validity of the exercise by the widow of her right of election pursuant to the provisions of section 18 of the Decedent Estate Law arises by reason of the language contained in item 3 of the decedent's will which reads as follows:

"3. If at the time of my death I am married to ANGELA C. TISNOWER, I direct that such part...

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