Estate of Berzinis

NICHOLS, Justice.

The Personal Representatives of Robert R. Berzinis, late of Greenville, appeal from a judgment of the Piscataquis County Probate Court on May 2, 1985, recognizing the rights of the Petitioner, Gail Berzinis, as the surviving spouse, to an elective share, a homestead allowance, an exempt property allowance and a family allowance.

The Personal Representatives rely upon a certain written agreement dated December 2, 1982, signed by the couple prior to their marriage on December 15, 1982. They assert that by that writing the wife had effectively waived all right to elect and all…