In re the Accounting of Ende

New York Surrogate's Court

In re the Accounting of Ende

5 Misc. 2d 868, 1957 N.Y. Misc. LEXIS 3020

CourtNew York Surrogate's Court

DecidedMay 15, 1957

StatusPublished

Cited by1 cases

This text of 5 Misc. 2d 868 (In re the Accounting of Ende) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Ende, 5 Misc. 2d 868, 1957 N.Y. Misc. LEXIS 3020 (N.Y. Super. Ct. 1957).

Pincite

Opinion

Edgar F. Hazleton, S.

In Ms will, decedent left “ Unto my wife, Loretta Ende, only that portion of my estate that she would be entitled to receive * * * if I had died intestate.”

The widow has exercised her right of election and also asserts that she is entitled to receive the equivalent of her intestate share pursuant to the provision mentioning her in the will without exercising her right of election.

However, the children of decedent claim that his widow had abandoned decedent and accordingly is entitled to nothing. (Decedent Estate Law, §§ 18, 87.)

I believe the first thing I should do is to try preliminarily the issue of whether his widow had abandoned decedent so that her status becomes established. (Matter of Gahan, 194 Misc. 413, affd. 276 App. Div. 647.)

Proceed accordingly.

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