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MATTER OF BOGART

160 Misc.2d 54 (1994)

607 N.Y.S.2d 1012

In the Matter of The Estate of John Bogart, Deceased.

Surrogate's Court, New York County.

January 7, 1994

Attorney(s) appearing for the Case

Jackson & Nash, New York City, for Laurence G. Bodkin, Jr., executor. Robert Abrams, Attorney-General, New York City (Howard Holt of counsel), for unknown charitable beneficiaries.

EVE PREMINGER, S.

The question presented by this unopposed application concerns the value of the elective share trust "grandfathered" under the new right of election statute. (EPTL 5-1.1-A.) Does the value of the elective share remain one half of the net estate when decedent is survived by a spouse and no issue, as was the case under prior law (EPTL 5-1.1) or become one third of the net estate as generally...

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