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In re the Right of the Widow

254 A.D. 840 Court N.Y. App. Div. Decision date 1938-06-17 English

Contents

Majority

p. 840
In the Matter of the Right of the Widow, Jenny Dress, to Elect and Take Her Share as an Intestacy of Frederick M. Dress, Deceased. Jenny Dress, Widow, Appellant; Rose Fanning and James Fanning, Executors, Respondents; Theresa McCaffrey and Elizabeth Gildea, Sisters and Beneficiaries, Respondents; James Dress, Frederick Dress and Marie Frei, Children and Beneficiaries.

— Decree affirmed, with costs to the executors, respondents, Rose Fanning and James Fanning, payable out of the estate. No opinion. Present — O’Malley, Townley, Glennon, Cohn and Callahan, JJ.; O’Malley and Callahan, JJ., dissent and vote to reverse.