Legal Opinion

In re the Estate of Bulova

New York Surrogate's Court

Decided April 27, 1961Published

1Opinion of the Court

Joseph A. Cox, S.

This proceeding was brought to obtain a determination as to the validity of a right of election asserted by the testator’s widow. It is claimed by the executrices that an agreement entered into between the testator and his wife prevents an effective assertion of the elective right and, on such basis, the estate representatives move for summary judgment, and are joined on such motion by the special guardian for infant beneficiaries under the will. The widow has made a *161cross motion for summary judgment sustaining the right of election.

The testator and the respondent widow were…

2Cases cited5 opinions

  1. Dougherty v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1934
  2. Callanan v. Keeseville, Ausable Chasm & Lake Champlain RailroadNew York Court of Appeals · 1910
  3. Compania De Inversiones Internacionales v. Industrial Mortgage Bank of FinlandNew York Court of Appeals · 1935
  4. O'Herron v. Southern Tier Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
  5. Kleve v. Basler Lebens-Versicherungs-Gesellschaft in BaselNew York Supreme Court · 1943

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