Appellate Division of the Supreme Court of the State of New York December 17, 2014, 2014-03412 (Matter of Duplessis)

In a probate proceeding, in which Jennie Duplessis, the wife of the decedent, Louis A. Duplessis, petitioned pursuant to EPTL 5-3.1 to compel the executor of the decedent’s estate to set apart and turn over exempt property to her, and in which the executor separately petitioned pursuant to SCPA 1421 to determine the validity and effect of an election pursuant to EPTL 5-1.