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MATTER OF WURCEL

196 Misc.2d 796 (2003)

763 N.Y.S.2d 902

In the Matter of the Estate of PAUL WURCEL, Deceased.

Surrogate's Court, New York County.

May 27, 2003.

Attorney(s) appearing for the Case

Novack Burnbaum & Crystal LLP, New York City (Martin Novack of counsel), for Jeannie R. Possick, petitioner.

D'Amico & Associates, Garden City (Jeffrey R. D'Amico of counsel), for Arkadiy Sherer, respondent.

OPINION OF THE COURT

EVE PREMINGER, S.

This is a proceeding to determine the validity of a right of election by a surviving spouse's estate.

Decedent Paul Wurcel died on January 21, 1998, leaving a will dated June 19, 1994, which left half his estate in trust for the benefit of his surviving spouse, Esther Wurcel. In 1993, Esther had been diagnosed with severe dementia and Alzheimer's disease, which resulted...

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