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MATTER OF SCHLINGER

48 Misc.2d 438 (1965)

In the Matter of The Estate of Joseph Schlinger, Deceased.

Surrogate's Court, Westchester County.

December 1, 1965

Attorney(s) appearing for the Case

Becker, Ross & Stone for petitioner. Stroock & Stroock & Lavan for Montefiore Hospital and Medical Center, respondent. Anthony G. DiFalco for executor, respondent. Regosin, Edwards & Freeman for Alex Schlinger and another, respondents. Arthur T. Smith, special guardian.

HARRY G. HERMAN, S.

In its prior decision, this court determined that a direction against the apportionment of income provided for by former section 204 of the Surrogate's Court Act did not render the will vulnerable to a notice of election (see Matter of Schlinger, 48 Misc.2d 345).

There remains for determination the question as to whether a provision for...

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