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IN THE MATTER OF THE ESTATE OF COLIN

23 A.D.3d 824 (2005)

803 N.Y.S.2d 794

In the Matter of the Estate of GLADYS COLIN, Deceased. ALAN M. LEWIS, as Executor of GLADYS COLIN, Deceased, Appellant; BARI DUBOWSKY, as Executor of SAMUEL COLIN, Deceased, Respondent.

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

November 10, 2005.

Lahtinen, J.

The issue before us is whether decedent's husband adequately exercised a right to election under EPTL 5-1.1-A (d) (1). Decedent died in August 2001 and her will appointed petitioner, her son, as executor. In April 2002, petitioner's attorney sent a letter to the attorney for decedent's husband instructing her that all future correspondence regarding decedent's estate should be mailed to him rather than petitioner. On June 11, 2002, letters testamentary...

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