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MATTER OF WOLF

282 A.D. 1018 (1953)

In the Matter of The Estate of Frank Wolf, Deceased. Betsy Wolf, as Administratrix C. T. A. of Frank Wolf, Deceased, Appellant; Ethel Wolf, Respondent

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

December 8, 1953.

Decree affirmed.

CALLAHAN, J. (dissenting).

This is an appeal from a decree of the Surrogate construing paragraph (a) of subdivision 1 of section 18 of the Decedent Estate Law as to the impact of taxes in computing the maximum amount receivable by a surviving spouse, who elects to take against a will.

The testator died on March 22, 1952, survived by his mother and also a wife, whom he had married...

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