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MATTER OF BENIN

31 A.D.2d 747 (1969)

In the Matter of The Estate of Harry Benin, Deceased. Blanche Benin, Appellant; Ann Knapp et al., as Executors and Trustees of Harry Benin, Deceased, et al., Respondents

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

January 13, 1969

Decree affirmed, with $10 costs and disbursements to all parties filing separate briefs, payable out of the estate.

The will contained clear indications that petitioner's share of the estate was to be fixed by reference to former section 18 of the Decedent Estate Law (now EPTL 5-1.1, subd. [a]) (cf. Matter of Schlinger, 48 Misc.2d 438). This gift did not compel petitioner to elect against the will (cf. Matter of Filor...

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