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MATTER OF BOWEN

76 Misc.2d 641 (1973)

In the Matter of The Estate of John T. Bowen, Deceased.

Surrogate's Court, New York County.

December 28, 1973

Attorney(s) appearing for the Case

Parker, Duryee, Zunino, Malone & Carter (Angelo A. Maurino and John R. Kelly of counsel), for Martha Bowen, petitioner. Arkin & Horan (John Horan of counsel), for executor, respondent. Davis, Gilbert, Levine & Schwartz (Alan D. Kroll of counsel), for Jean Spencer, respondent.

MILLARD L. MIDONICK, S.

This is an application by the surviving spouse to determine the validity of her election against the will and to compel the executor to turn over exempt property to her. The remaining relief requested in the petition has been withdrawn by stipulation.

Decedent made no provision for petitioner in his will, but stated that she was provided for by means of a separation agreement...

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