MATTER OF O'SHEA


45 Misc.2d 84 (1965)

In the Matter of The Estate of Thomas J. O'Shea, Deceased.

Surrogate's Court, Suffolk County.

January 21, 1965


Attorney(s) appearing for the Case

Philip Vitello for petitioner. William Raymond Brick for administrator c.t.a.


PIERSON R. HILDRETH, S.

This is a motion for summary judgment to dismiss a petition for determination of the validity of a right of election which a surviving wife seeks to exercise in the estate of her deceased husband. The basis of the motion is that any right of election to take as in intestacy is barred because of default to exercise it within the statutory 6 months' period after issuance of letters, or to apply to the court for relief from such default...

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