In re the Estate of Curry

OPINION OF THE COURT

John M. Thomas, S.

This case is what appears to be the final chapter in Matter of Curry (143 Misc 2d 252) decided by this court on April 3, 1989. In that decision, the court, inter alla, determined that an automobile which the decedent gave to her brother, Edward Taylor, during her lifetime was a valid causa mortis gift *646and therefore a testamentary substitute to be included in the calculation of the elective share of the surviving spouse pursuant to EPTL 5-1.1 (b) (1) (A).

Petition is now brought before this court by the surviving spouse, Elijah Curry, seeking the removal of…