Guido, Matter of
| Decision Date | 13 April 1981 |
| Citation | 438 N.Y.S.2d 9,81 A.D.2d 614 |
| Parties | In the Matter of Fred J. GUIDO, Deceased. Dorothy GUIDO, Respondent, v. Marie GUIDO et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Herbert Rubenfeld, P. C., Jericho (Parmet & Robbins, J. Arthur Robbins, Jericho, of counsel), for appellants.
Wofsey, Certilman, Haft & Lebow, New York City (Jacob W. Friedman and Jesse Safir, New York City, of counsel), for respondent.
Before HOPKINS, J. P., and DAMIANI, LAZER and THOMPSON, JJ.
MEMORANDUM BY THE COURT.
In a proceeding to require the appellants to supply petitioner with information concerning the assets or affairs of the estate of Fred Guido, deceased, the appeal is from an order of the Surrogate's Court, Westchester County, dated May 16, 1980, which granted the petition and authorized petitioner to file a notice of election as a surviving spouse.
Order affirmed, without costs or disbursements.
The decedent Fred Guido and appellant Marie Guido were married in 1949. In 1955 they separated pursuant to an agreement which provided for the support and maintenance of Marie and their three children. On May 13, 1958 Marie was served with a summons and complaint in a Nevada divorce action brought against her by Fred. She never answered the complaint, appeared in the action or signed any papers.
On June 3, 1958 the Nevada court granted Fred an ex parte judgment of divorce (the decree incorporated by reference the 1955 separation agreement, which Fred complied with until his death). In August, 1958 Fred married the petitioner, Dorothy Guido, in the State of Connecticut.
Fred died on March 31, 1978 and his will was admitted to probate on petition of Marie and others, as Fred's executors. Thereafter, Dorothy made a demand of the executors for disclosure of the assets of Fred's estate and filed a notice of election against the will as Fred's surviving spouse (see EPTL 5-1.1). After failing to receive a response to her demand, Dorothy brought the instant proceeding to require the executors to disclose to her the assets and affairs of the estate (see SCPA 2101, subd. 1). The appellants answered the petition, putting at issue the validity of the Nevada divorce decree and Dorothy's right of election as a surviving spouse. After a hearing, the Surrogate granted the petition and authorized Dorothy to file a notice of election as the surviving spouse.
In affirming the order of the Surrogate, we need not reach the question of the validity of the Nevada...
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Pascucci v. Bowen, 85 C 3996.
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Miller v. Miller
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