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MATTER OF DUNHAM

36 A.D.2d 467 (1971)

In the Matter of The Estate of Walter D. Dunham, Deceased. Mary J. Dunham, Appellant; Marina R. Dunham, Respondent

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

May 20, 1971.

Attorney(s) appearing for the Case

Streifer & Barnovitz (Abraham Streifer of counsel), for appellant.

John E. Egan for respondent.

REYNOLDS, STALEY, JR., SWEENEY and SIMONS, JJ., concur.

HERLIHY, P. J.

This is an appeal from a decree of the Surrogate's Court of Greene County, entered August 17, 1970, which, inter alia, decreed that the right of Marina R. Dunham to elect against the will of her deceased husband is superior to the rights of petitioner, Mary J. Dunham, as a legatee under decedent's will.

On August 9, 1967, the decedent, Walter Dunham, and Mary J. Dunham, the petitioner...

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