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In re Determining the Validity of the Right of Election in the Estate of Bihler

258 A.D. 909 Court N.Y. App. Div. Decision date 1939-12-19 English

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p. 909
In the Matter of Determining the Validity of the Right of Election in the Estate of Louis Bihler, Deceased. Joseph Reller and William P. Roseland, Executors, etc., of Louis Bihler, Deceased, Respondents; Theresa Bihler, Appellant; Charles Margett, as Special Guardian for Edmond Dorflinger, Jr., and Barbara Ann Dorflinger, Infants, etc., and Frances Bihler, an Incompetent Person, Respondent.

Decree of the Surrogate’s Court of Queens county, adjudging that a notice of election filed by appellant under section 18 of the Decedent Estate Law is null and void because appellant abandoned her husband and, hence, she has not the right of such election, unanimously affirmed, with costs to respondents, payable out of the estate. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.