In re the Estate of Juliano

Appellate Division of the Supreme Court of New York

In re the Estate of Juliano

147 A.D.2d 480, 538 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 1466

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1989·Published

Opinion

— In a proceeding by an executrix pursuant to SCPA 1421, to determine the validity of a notice of election of a surviving spouse, the appeal is from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated February 9, 1987, which vacated the notice of election.

Ordered that the order is affirmed, without costs or disbursement.

The appellant surviving spouse has failed to proffer any evidence of fraud by the decedent regarding the antenuptial agreement. Hence, the Surrogate properly dismissed her notice of election as barred by the waiver of the right of election in the agreement pursuant to EPTL 5-1.1. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

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— In a proceeding by an executrix pursuant to SCPA 1421, to determine the validity of a notice of election of a surviving spouse, the appeal is from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated February 9, 1987, which vacated the notice of election.

Ordered that the order is affirmed, without costs or disbursement.

The appellant surviving spouse has failed to proffer any evidence of fraud by the decedent regarding the antenuptial agreement. Hence, the Surrogate properly dismissed her notice of election as barred by the waiver of the right of election in the agreement pursuant to EPTL 5-1.1. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

In re the Estate of Juliano, 147 A.D.2d 480, 538 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 1466 (N.Y. Ct. App. 1989).

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147 A.D.2d 480 (In re the Estate of Juliano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.