In re the Estate of Warren
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtChrist, J.
We are here concerned with the provisions of subdivision 9 of section 18 of the Decedent Estate Law. This section affords to a surviving spouse a right to elect to take his or her share of the estate of the deceased spouse as in intestacy, against the deceased’s will, subject to certain limitations, conditions and exceptions set forth in the section.
Said subdivision 9 provides that the surviving spouse, “ during the lifetime of the other, may waive or release the right of election, ’ ’ but that a ‘ ‘ waiver or release to be effective under this subdivision shall be subscribed by the maker…
2Cases cited14 opinions
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- In Re the Estate of McGloneNew York Court of Appeals · 1940
- Horbach v. TyrrellNebraska Supreme Court · 1896
- In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
- In Re the Estate of MatthewsNew York Court of Appeals · 1939
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3Cited by7 opinions
- Matisoff v. DobiNew York Court of Appeals · 1997
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- Galetta v. GalettaNew York Court of Appeals · 2013
- Cicerale v. CiceraleAppellate Division of the Supreme Court of the State of New York · 1976
- In re Estate of SapersteinAppellate Division of the Supreme Court of the State of New York · 1998
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