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MATTER OF WILLEY

85 Misc.2d 380 (1976)

In the Matter of The Estate of Ethel L. J. Willey, Deceased.

Surrogate's Court, Monroe County.

February 20, 1976

Attorney(s) appearing for the Case

Fred B. Goodelle for the estate. Louis J. Lefkowitz, Attorney-General (Peter Borrok of counsel), for ultimate charitable beneficiaries. Sullivan, Gough, Skipworth, Summers & Smith (Thomas N. Trevett of counsel), for Betty Bullock. Jacob Gitelman for Monroe County Cancer & Leukemia Association.

MICHAEL A. TELESCA, S.

In this proceeding for an interim judicial settlement of his account the executor seeks a determination of the validity of an election under EPTL 5-3.3 made by the testatrix's surviving daughter against an excessive charitable disposition. The testatrix died on May 15, 1972, leaving a will dated March 6, 1972, which was admitted to probate on January 12, 1973. The will makes no preresiduary...

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