MATTER OF PLIMACK


72 Misc.2d 476 (1973)

In the Matter of The Estate of Irving Plimack, Deceased.

Surrogate's Court, Kings County.

January 3, 1973


Attorney(s) appearing for the Case

Henkin & Henkin for executor, petitioner. Davis & Davis for widow, respondent.


NATHAN R. SOBEL, S.

Although Mr. Plimack died in 1971, his will admitted to probate was executed in 1942. As a consequence, in making provision for his wife by trust for life rather than by outright disposition, Mr. Plimack (or his draftsman) did not have the benefit of the many court decisions and statutory amendments since 1942 governing the right of election. The widow raises issues that her elective share...

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