MATTER OF BERGER


61 Misc.2d 81 (1969)

In the Matter of The Estate of Maurice I. Berger, Deceased.

Surrogate's Court, Kings County.

October 27, 1969


Attorney(s) appearing for the Case

Abrashkin & Krieger for petitioner. Irwin N. Wilpon, guardian ad litem for persons under disability.


NATHAN R. SOBEL, S.

Petitioner widow (and executrix) has brought this proceeding to determine the validity and effect of her election to take against the provisions made for her by the will of her late husband. Testator died July 28, 1967.

In essence, the widow seeks to take her elective share outright rather than (as provided in the will) in trust with income therefrom payable to her for life.

The widow's right of election is here governed...

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