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MATTER OF FILFILEY

69 Misc.2d 372 (1972)

In the Matter of The Estate of Eva Filfiley, Deceased.

Surrogate's Court, Kings County.

March 8, 1972

Attorney(s) appearing for the Case

Krauss & Krauss for Jerome A. Weiss, as administrator of the estate of Joe Filfiley, deceased, petitioner. Cally & Cally for Alice Willette, as executrix.

NATHAN R. SOBEL, S.

Another unresolved issue is raised in this proceeding with respect to the right of a surviving spouse (here a husband) to elect against a testamentary substitute, viz., a joint bank account created by his deceased spouse. The right to elect against testamentary substitutes has been available to the surviving spouse since August 31, 1966 (EPTL 5-1.1, subd. [b]).

The five inter...

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