MATTER OF HERIC


175 Misc.2d 601 (1998)

669 N.Y.S.2d 791

In the Matter of The Estate of Doris B. Heric, Also Known as Doris B. Heric-Nichols, Deceased.

Surrogate's Court, Monroe County.

January 27, 1998


Attorney(s) appearing for the Case

John Mansour, Rochester, for petitioner. Leland T. Williams, Rochester, for Donald L. Nichols.


ARNOLD F. CIACCIO, S.

At issue in this proceeding is the enforceability of the surviving spouse's appropriately filed notice of right of election. The estate seeks a summary dismissal of the notice of the right of election on the basis: (1) that the surviving spouse, one Donald L. Nichols, executed a so-called waiver agreement in the manner of a prenuptial agreement foregoing any right to elect against the...

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