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MATTER OF SCHUELLAIN

269 A.D.2d 864 (2000)

703 N.Y.S.2d 795

In the Matter of the Estate of RUTH SCHUELLAIN, Deceased. GEORGE SCHUELLAIN, Appellant; RICHARD I. KALINA, as Executor of RUTH SCHUELLAIN, Deceased, Respondent.

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

Decided February 16, 2000.

Decree unanimously affirmed with costs.

Memorandum:

Petitioner and Ruth Schuellain (decedent) married in 1957. On December 19, 1985, petitioner executed a waiver of his right of election against decedent's last will (see, EPTL 5-1.1-A). Following decedent's death in June 1997, petitioner filed a notice that he was exercising his right of election, and he commenced the instant proceeding pursuant to SCPA 1421 seeking a determination that he is entitled...

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