MATTER OF EDWIN M. STANLEY


209 A.D.2d 70 (1995)

In the Matter of The Estate of Edwin M. Stanley, Deceased. Saul B. Schwarz, as Coadministrator C. T. A. of The Estate of Edwin M. Stanley, Deceased, Appellant; Bank of New York, as Coadministrator C. T. A. of The Estate of Edwin M. Stanley, Deceased, et al., Respondents

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

March 21, 1995


Attorney(s) appearing for the Case

Richard R. Blakeman of counsel, New York City (Blum, Gersen & Wood, and Saul Bernard Schwarz, New York City, attorneys), for appellant.

Kevin C. Fogarty, guardian ad litem, Jamaica, for Jean Stanley, respondent.

MURPHY, P. J., ROSENBERGER and ASCH, JJ., concur.


SULLIVAN, J.

This will construction proceeding, on appeal from the Surrogate's Court, presents the issue, inter alia, of whether the corpus of the estate upon which the surviving spouse's elective share is to be determined includes the value of real property situated outside the State of New York when the applicable statute in effect at the time of the testator's death specifically excluded such property...

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