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MATTER OF HENKEN

139 Misc.2d 12 (1988)

In the Matter of The Estate of David T. Henken, Deceased.

Surrogate's Court, Westchester County.

February 25, 1988

Attorney(s) appearing for the Case

Anderson, Banks, Moore, Curran & Hollis (P. Daniel Hollis, III, of counsel), for petitioners. Bender & Bodnar for respondent. Wren & Martineau (Paul A. Martineau of counsel), for executor.

WILLIAM B. BRAATZ, S.

In this proceeding the three children of decedent David T. Henken's first marriage, Jonathan Henken, Mariamne Henken Whatley and Elissa Ruth Henken, seek an order annulling the election by the surviving spouse of decedent, Patricia V. Henken, to take against his will. They base their application upon a document containing what purports to be a waiver by David T. Henken and Patricia V. Henken, then Patricia Rubenstein, of the respective...

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