In this proceeding to determine the validity of a right of election, the petitioning executor moves for an order pursuant to CPLR 3212, summarily determining that the right of election is invalid.
The testator died on April 3, 1973, and his will was admitted to probate on June 14, 1973. A notice of election dated July 3, 1973 was duly filed by the respondent, decedent's surviving spouse, pursuant to EPTL 5-1.1. Petitioner...
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