MATTER OF WHITEFORD


35 A.D.2d 751 (1970)

In the Matter of The Estate of Ann R. Whiteford, Deceased. Alice M. Ogden, as Executrix of Ann R. Whiteford, Deceased, et al., Appellants; William C. Whiteford, Respondent

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

October 26, 1970


Respondent and decedent were married on March 14, 1922, and lived together for over 40 years prior to decedent's death. Decedent executed a will on April 15, 1955, which specifically stated that she made no provision for her husband because he had a sufficient estate of his own. On September 5, 1956 decedent and respondent entered into a separation agreement which provided inter alia that they would remain owners, as tenants by the entirety, of their dwelling house...

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