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ESTATE OF GALLUZZO

615 A.2d 236 (1992)

ESTATE OF Joseph P. GALLUZZO.

Supreme Judicial Court of Maine.

Decided October 20, 1992.

Attorney(s) appearing for the Case

R. John Wuesthoff (orally), Calkins & Wuesthoff, Portland, for appellant.

Anne H. Jordan (orally), Jensen, Baird, Gardner & Henry, Biddeford, for appellee.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

ROBERTS, Justice.

Eva Judit Polyak appeals and the personal representatives of the Estate of Joseph P. Galluzzo cross-appeal from an order of the York County Probate Court (Brooks, J.) denying Polyak's petition for an elective share. Because the court erred in holding that it lacked the ability to order payment of the elective share in this case, we vacate the judgment and remand with instruction to enter a judgment granting Polyak's petition.

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