MATTER OF CLARK


21 N.Y.2d 478 (1968)

In the Matter of The Estate of Robert V. Clark, Jr., Deceased. N. Holmes Clare et al., Appellants; Elizabeth D. Clark, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1968.


Attorney(s) appearing for the Case

Edward J. Reilly, Jr., Alexander D. Forger and Samuel S. Polk for N. Holmes Clare and another, appellants.

John B. Loughran, as special guardian for infants, in person, and Joseph H. Spain for John B. Loughran, appellant.

John B. Jessup, B. Brooks Thomas and Paul S. Byard for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge KEATING taking no part.


Chief Judge FULD.

This appeal poses an interesting and important question concerning a widow's right of election to take against her husband's will. More particularly, may her husband, domiciled in a foreign state, by selecting New York law to regulate his testamentary dispositions, cut off or otherwise affect the more favorable right given his widow to elect by the law of their domicile?

In the case...

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