MATTER OF LEMLE


30 A.D.2d 785 (1968)

In the Matter of The Estate of Julius Lemle, Deceased. Bertha Lemle et al., Respondents, Blanche L. Dreifus et al., as Exescutors of Julius Lemle, Deceased, et al., Appellants

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

July 2, 1968


Order entered January 12, 1968, striking affirmative defenses unanimously reversed on the law, with $50 costs and disbursements payable out of the estate to all parties filing briefs, and motion to strike denied.

In a proceeding by a widow to elect to take against the will, the petitioner, being faced with an antenuptial agreement, seeks to avoid it on the ground of fraud. The respondent executors have pleaded estoppel and laches. An antenuptial agreement is a contract...

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