MATTER OF JACOBSEN


61 Misc.2d 317 (1969)

In the Matter of The Estate of Alfred Jacobsen, Deceased.

Surrogate's Court, New York County.

March 11, 1969


Attorney(s) appearing for the Case

Perkins, Daniels & McCormack for petitioner. Cadwalader, Wickersham & Taft for executors. Barrett Knapp Smith & Schapiro for respondents. Haight, Gardner, Poor & Havens for respondent. Dewey, Ballantine, Bushby, Palmer & Wood for respondent. Louis J. Lefkowitz, Attorney-General, for State of New York.


SAMUEL J. SILVERMAN, S.

This is a proceeding by testator's widow to determine the validity of her election under EPTL 5-1.1 to take her elective share of testator's estate.

The will was executed in 1965. Accordingly, the substantive rights of the parties are governed by subdivision (a) of EPTL 5-1.1.

Although at least one provision of the will gives the widow a trust interest in the estate that...

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