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IN RE ESTATE OF MONTESI

682 S.W.2d 906 (1984)

In re ESTATE OF Louis Frank MONTESI. Rita MONTESI, Plaintiff-Appellee, v. ESTATE OF Louis Frank MONTESI, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

December 26, 1984.

Attorney(s) appearing for the Case

David E. Caywood, Thomas T. Woodall, Memphis, for plaintiff-appellee.

Michael A. Robinson, Steven H. McCleskey, Memphis, for defendant-appellant.

OPINION

HARBISON, Justice.

In this case Rita Montesi, estranged wife of the decedent, Louis Frank Montesi, filed a dissent from the decedent's will and claimed her elective share as a surviving spouse pursuant to T.C.A. §§ 31-4-101 through 105. The Probate Judge sustained objections filed by the Executor upon the ground that Mrs. Montesi was not a "surviving spouse" because of a prior property settlement agreement entered into between her and the...

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