In re the Estate of Spinelli

Nathan R. Sobel, S.

This is a proceeding pursuant to SCPA 1421 to determine the validity and effect of a widow’s right of election.

Decedent Anthony Spinelli died intestate on April 9, 1973, survived as his sole distributee by his wife of 30 years, Josephine Spinelli. There were no estate assets.

Letters of administration were issued to the wife Josephine (August 8, 1973) to permit her to file a notice of election against testamentary substitutes. She has done so and at the same time obtained from the court a restraining order against the bank involved.

The widow seeks to have her right of…