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MATTER OF LEMLE

55 Misc.2d 640 (1967)

In the Matter of The Estate of Julius Lemle, Deceased.

Surrogate's Court, New York County.

December 27, 1967

Attorney(s) appearing for the Case

Blum, Haimoff, Gersen & Szabad (Joseph G. Blum and Harvey J. Fried of counsel), for petitioner. Perkins, Daniels & McCormack (John M. Whelan of counsel), for Blanche L. Dreifus and another, respondents. Finkelstein, Benton & Soll for United Hias Service, Inc. William Kessler, special guardian. Delson & Gordon (Norman Moloshok and Martin J. Hermann of counsel), for Blanche L. Dreifus and others, respondents. Wolf, Haldenstein, Adler, Freeman & Herz for Jewish Home & Hospital for Aged. Weil, Gotshal & Manges for American National Red Cross. Lee Feltman for Bruce Lemle.

S. SAMUEL DI FALCO, S.

This motion by the petitioner in a proceeding to enforce her right to an elective share seeks an order dismissing the second and third affirmative defenses pleaded by the answers. The widow moves under CPLR 3211 (subd. [b]).

In the main proceeding the widow has alleged that the fraud of her prospective husband in 1952, in connection with the execution of the antenuptial agreement...

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