MATTER OF FOX


94 A.D.2d 662 (1983)

In the Matter of The Estate of Seymour Fox, Deceased. Bernice G. Fox et al., Respondents; Patricia M. Fox, Appellant

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

May 17, 1983


Insofar as the separation agreement specifically provided that "[n]othing herein contained shall require the Wife, in case of any default on the Husband's part, to resort to the Security if she does not wish to do so", the Surrogate correctly found that there was no waiver by respondent merely by virtue of her inactions. However, a question is raised as to whether respondent complied with paragraph 4 (d) of the separation agreement requiring her to deliver copies of her income...

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