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MATTER OF OESTRICH

21 Misc.3d 499 (2008)

863 N.Y.S.2d 531

In the Matter of the Estate of WILLIAM L. OESTRICH, Deceased.

Surrogate's Court, Broome County.

July 31, 2008.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, LLP, Binghamton (Greg S. Catarella of counsel), for Helen May Oestrich.

Paniccia & Beck, Binghamton (Stephanie G. Beck of counsel), for estate.

Hinman, Howard & Kattell, LLP, Binghamton (Christopher J. Moran of counsel), guardian ad litem.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

Decedent died on April 16, 2006 and on July 5, 2006 letters testamentary were issued to Stephanie G. Beck, an attorney-at-law. On July 21, 2006, Mary H. Oestrich, the surviving spouse filed an election to take against the will pursuant to EPTL 5-1.1-A. The present proceeding is brought by a petition from the surviving spouse to cancel her previously filed right of election...

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