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MATTER OF BLAKE

282 A.D.2d 905 (2001)

723 N.Y.S.2d 563

In the Matter of the Estate of PATRICIA S. BLAKE, Deceased. ALLEN R. BLAKE, Respondent; JOHN J. BURNS, as Administrator of the Estate of PATRICIA S. BLAKE, Deceased, Appellant.

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

Decided April 19, 2001.

Crew III, J.

Petitioner and Patricia S. Blake (hereinafter decedent) were married in June 1971. In April 1972, they executed a mutual waiver of the right of election, each according to the other "the absolute and unrestricted privilege and power to dispose of any and all property on death," thereby waiving, insofar as is relevant to this appeal, any right of election under EPTL 5-1.1. Although petitioner moved out of the marital residence in August 1984 and decedent...

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