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MATTER OF BENITEZ

191 A.D.2d 793 (1993)

594 N.Y.S.2d 413

In the Matter of The Estate of Roberto E. Benitez, Deceased. Thelma M. Benitez, Appellant; Michael P. Friedman et al., as Coexecutors of Roberto E. Benitez, Deceased, et al., Respondents

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

March 4, 1993

Mikoll, J. P.

Roberto E. Benitez (hereinafter decedent) married three times during his lifetime. Petitioner was his first wife, respondent Marilyn Benitez was his second wife and respondent Josephine Benitez was his third wife. During their divorce action in 1970, petitioner and decedent entered into a stipulation which provided, inter alia, for the distribution of marital property and custody of their two children. The stipulation was incorporated...

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