MATTER OF ZEIGHER


95 Misc.2d 230 (1978)

In the Matter of The Estate of Eugene Zeigher, Deceased.

Surrogate's Court, Nassau County.

July 7, 1978


Attorney(s) appearing for the Case

Howard M. Esterces for Harriet Rechtman, petitioner, and another. William C. Jung for Loretta Zeigher. Myron C. Fox for Alvin Zeigher, coexecutor.


JOHN D. BENNETT, J.

This is a motion for summary judgment by a coexecutor to dismiss an objection to the accounting filed by the surviving spouse which raises the question of whether custodial accounts are testamentary substitutes against which she may elect.

EPTL 5-1.1 (subd [b]) sets forth five categories of inter vivos dispositions to be treated as testamentary substitutes for the purpose of election by a surviving spouse. They are:...

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