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MATTER OF ZUPA

48 A.D.3d 1036 (2008)

850 N.Y.S.2d 311

In the Matter of the Estate of ROCCO F. ZUPA, Deceased. ELEANOR ZUPA, Respondent; LUCILLE CHRISTOPHER, Appellant.

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

Decided February 1, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

By her application pursuant to SCPA 1421, petitioner sought a decree determining the validity and value of her right of election against her husband's estate. Contrary to respondent's contention, Surrogate's Court properly determined that the annuities owned by decedent at the time of his death were testamentary...

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