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MATTER OF HELD

24 A.D.2d 506 (1965)

In the Matter of The Estate of Julia M. Held, Also Known as Julia Hungerford, Deceased. James C. Hungerford, Appellant; Herbert J. Davis et al., Respondents

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

June 28, 1965

Decree, insofar as appealed from, reversed on the law, with costs to all parties filing briefs, payable out of the estate; and the notice of election is declared to be valid and to entitle the surviving spouse to his intestate share of the testatrix' estate. No questions of fact have been considered.

The separation agreement entered into by the testatrix and her surviving spouse, which contained a waiver and release of each...

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