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MATTER OF WITTNER

301 N.Y. 461 (1950)

In the Matter of The Estate of Raia Wittner, Deceased. Henry L. Wittner, Appellant; Louis S. Adler et al., as Executors of Raia Wittner, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1950

Attorney(s) appearing for the Case

Arthur L. Gould for appellant.

Harold M. Geller and Theodore Shulman for Renate Baum, respondent.

Israel S. Schwartz for executors, respondents.

LOUGHRAN, Ch. J., LEWIS and CONWAY, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in opinion in which DYE and FULD, JJ., concur.

FROESSEL, J.

Petitioner-appellant, the surviving husband of Raia Wittner, has brought this proceeding for a determination pursuant to section 145-a of the Surrogate's Court Act, and subdivision 8 of section 18 of the Decedent Estate Law, of the validity and effect of his election to take an intestate share of her estate against the provisions of her will. The courts below have determined that appellant is not...

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