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MATTER OF MULHERN

31 A.D.2d 317 (1969)

In the Matter of The Estate of Patrick J. Mulhern, Deceased. Alice W. Mulhern, Respondent; Frank M. Osta, as Executor of Patrick J. Mulhern, Deceased, Appellant

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

February 20, 1969.

Attorney(s) appearing for the Case

John L. Barrett for appellant.

Runals, Broderick, Shoemaker, Rickert, Runals & Berrigan (Patrick J. Berrigan of counsel), for respondent.

GOLDMAN, P. J., GABRIELLI, MOULE and BASTOW, JJ., concur.

HENRY, J.

In this proceeding instituted by testator's surviving spouse pursuant to section 145-a of the Surrogate's Court Act to determine the validity of her election to take her intestate share of testator's estate under the provisions of section 18 of the Decedent Estate Law, the Surrogate erroneously refused to hear proof offered by the executor which was relevant to the issue of whether the law of the Province...

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