In re the Estate of Archibald

S. Samuel Di Falco, S.

A motion for summary judgment has been made by the surviving spouse of the decedent in a proceeding which is pending before this court to determine the validity of her right of election. Both the answer interposed in that proceeding and the answering affidavits interposed on this motion contain the affirmative allegation that the surviving spouse is not entitled to exercise her right of election on the ground that she abandoned the decedent as set forth in subdivision 5 of section 18 of the Decedent Estate Law.

The decedent and the surviving spouse were married in 1914.…