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MATTER OF GINSBERG

142 Misc.2d 192 (1988)

In the Matter of The Estate of Robert Ginsberg, Deceased.

Surrogate's Court, New York County.

November 30, 1988

Attorney(s) appearing for the Case

Rosenman & Colin (Robert E. Friedman and Susan D. Schachne of counsel), for petitioners. Galef & Jacobs (Alan M. Warshauer and Kira Charles of counsel), for trustees. George L. Santangelo, guardian ad litem. Paul, Weiss, Rifkind, Wharton & Garrison (John J. O'Neill and Debra G. Kosakoff of counsel), for Beth Israel Medical Center. Robert Abrams, Attorney-General (Charles Brody of counsel), for ultimate charitable beneficiaries.

MARIE M. LAMBERT, S.

In this proceeding, the executors have petitioned to construe decedent's will as if he were predeceased by his wife, Sheila Ginsberg (Sheila), thus accelerating all interests contingent upon Sheila predeceasing him. The question presented is whether a separation agreement entered into by Sheila and decedent constitutes an effective renunciation under EPTL 2-1.11 (b). If so, the construction...

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