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DALISA v. DUMOFF

286 A.D. 856 (1955)

John Dalisa, Appellant, v. Helen P. Dumoff, Individually and as Executrix of Sue Pannen, Deceased, et al., Respondents

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

June 13, 1955.

Judgment unanimously affirmed, with costs.

The right of election granted by section 18 of the Decedent Estate Law is personal to the surviving spouse. (Matter of Hills, 264 N.Y. 349; Fleming's Estate, 217 Pa. 610.) It cannot be exercised in his behalf by a party acting in hostility to the spouse, nor may he be compelled to exercise it for the benefit of his creditors. (Matter of Herter, 193 Misc. 602, affd. 274 App. Div. 979, affd.

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