MATTER OF RUFF


91 A.D.2d 814 (1982)

In the Matter of The Estate of Walter D. Ruff, Deceased. Myrtle B. Ruff, Respondent; Donald D. Ruff et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1982


Respondents, who are decedent's three children and coexecutors of decedent's estate, alleged in their answer that petitioner was disqualified from exercising her widow's right of election because she had abandoned decedent and that such abandonment continued until the time of death (EPTL 5-1.2, subd [a], par [5]). After proof of the respective parties was heard, the Surrogate found that the marriage of decedent and petitioner had been marked by discord and frequent absences...

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