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MATTER OF WISBAUER

22 Misc.2d 280 (1960)

In the Matter of The Estate of Howard Wisbauer, Deceased.

Surrogate's Court, New York County.

March 15, 1960.

Attorney(s) appearing for the Case

Leo Rosenberg for Elia N. Wisbauer, petitioner.

Nathan Berman and Alexander J. Lekus for Lillian Wisbauer, as executrix, respondent.

JOSEPH A. COX, S.

The petitioner in this proceeding to compel the executrix to account is the divorced wife of the testator. The petitioner asserts that she is a creditor of the estate and, as such, entitled to 75% of the net estate by force of an agreement entered into with her husband prior to the divorce. Her petition relies upon a notice of claim which alleges that the purported agreement was entered into during the pendency

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