MATTER OF GRAY

CA 11-02273.

96 A.D.3d 1584 (2012)

946 N.Y.S.2d 765

2012 NY Slip Op 4874

In the Matter of DOROTHY E. GRAY to Determine the Validity of Election Against the Last Will and Testament of DONALD J. GRAY, Deceased. DOROTHY E. GRAY, Respondent; ELSIE GARNSEY, Appellant.

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

June 15, 2012.


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

Memorandum: Petitioner, the estranged wife of decedent, commenced this proceeding, inter alia, to determine the validity of her notice of election. Petitioner and decedent separated in the 1980s, and decedent thereafter began living with respondent, his girlfriend, until his death in February 2008. In his will decedent left the residuary estate to respondent, bequeathing to...

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