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MATTER OF WHITEFORD

61 Misc.2d 402 (1969)

In the Matter of The Estate of Ann R. Whiteford, Deceased.

Surrogate's Court, Broome County.

December 8, 1969

Attorney(s) appearing for the Case

Lloyd C. Anderson and Frederick V. Marsi for Alice M. Ogden, executrix, petitioner, and for Ruth E. A. Houck and another, respondents. Gerhart & Kuhnen (Eugene C. Gerhart and Richard F. Kuhnen of counsel), for William C. Whiteford, respondent.

JOHN M. KEANE, S.

This is a proceeding under SCPA 1421 to determine the validity of a right of election made by William C. Whiteford against the will of his late wife, Ann R. Whiteford, who died October 25, 1968. The executrix, a sister of the decedent, has initiated this proceeding to have the right of election declared invalid because of provisions in a separation agreement between the decedent and her husband dated September 5, 1956. The answer of...

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