MATTER OF HOLMAN


46 Misc.2d 809 (1965)

In the Matter of The Estate of Charles S. Holman, Deceased.

Surrogate's Court, Erie County.

June 28, 1965


Attorney(s) appearing for the Case

Bennett Leader for Margaret M. Holman, petitioner. Joseph May for Earl C. Peacock, as executor. Joseph S. Mattina, as special guardian.


WILLIAM J. REGAN, S.

Petitioner has instituted this proceeding pursuant to section 145-a of the Surrogate's Court Act to obtain a determination as to the validity of the right of election exercised by her. The executor has controverted petitioner's right to assert this election on the grounds that she abandoned the decedent in his lifetime.

On the trial of the issue it was conceded that the parties were...

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