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MATTER OF ESTATE OF MENAHEM

63 A.D.3d 839 (2009)

880 N.Y.S.2d 500

In the Matter of the Estate of JOSEPH MENAHEM, Deceased. DORETTE DAYAN, Respondent; CHAIM SCHWARTZ et al., Appellant.

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

Decided June 9, 2009.

Ordered that the decree is affirmed, with costs payable by the cross petitioner and objectant personally.

Estates, Powers and Trusts Law § 5-1.1-A (e) (2) provides that a waiver or release of a surviving spouse's right to an elective share of the estate of the deceased spouse "must be in writing. . . subscribed by [its] maker . . ., and acknowledged or proved in the manner required for the recording of a conveyance...

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