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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 1989

StatusPublished

This text of 147 A.D.2d 480 (In re the Estate of Juliano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

147 A.D.2d 480, 538 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 1466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-juliano-nyappdiv-1989.