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MATTER OF KAMINESTER

1959/2006

26 Misc.3d 227 (2009)

888 N.Y.S.2d 385

2009 NY Slip Op 29429

In the Matter of the Estate of RICHARD KAMINESTER, Deceased.

Surrogate's Court, New York County.

Decided October 14, 2009.

Attorney(s) appearing for the Case

Novick & Associates, P.C., Huntington (Donald Novick of counsel), for petitioner.

Friedman, Harfenist, Kraut & Perlstein LLP, Lake Success (Steven J. Harfenist of counsel), for respondent.

OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

Kimberly Kaminester, executor of the will of her father Richard I. Kaminester, seeks a determination of the validity of the spousal right of election exercised by Inalee Foldes (see SCPA 1421; EPTL 5-1.1-A). Foldes married the physically and mentally ailing decedent on March 1, 2006, 2½ months after a Texas court had appointed a temporary guardian for him, during the pendency of a New York proceeding...

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