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MATTER OF LOEB

77 Misc.2d 814 (1974)

In the Matter of The Estate of Sonia Loeb, Deceased.

Surrogate's Court, New York County.

April 22, 1974

Attorney(s) appearing for the Case

Aaron Weitz for Rose Yager, petitioner. Gandin & Rappaport for Max Loeb, objectant.

S. SAMUEL DI FALCO, S.

In this pending probate proceeding the proponent moves to dismiss the objections of the surviving spouse on the grounds that he has no status to elect under EPTL 5-1.1 because he abandoned the decedent during her lifetime.

Decedent, Sonia Loeb, and Max Loeb were married in 1936. In September, 1962, decedent was admitted to Pilgrim State Hospital, and on May 20, 1964 she was judicially...

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