In re the Will of Embiricos

Foley, S.

In this proceeding for the judicial settlement of the account of the administrators, a construction of certain of the provisions of a separation agreement executed by the decedent and his wife Ann Embiricos and instructions as to the mode of carrying out such provisions are sought.

The separation agreement was entered into on April 30, 1941. Shortly thereafter, on July 1, 1941, the decedent died, intestate and a nonresident of this State. He left him surviving his wife and an infant son, now seven vears of age.

By its terms the wife waived and released all her interests in the estate…