In re the Estate of Wilson

In a proceeding to determine the validity of an election by Earlene Wilson (Earlene), the surviving spouse, to take her statutory share against the provisions of the last will and testament of Robert J. Wilson, deceased, the said surviving spouse appeals from an order of the Surrogate’s Court, Suffolk County, entered October 17, 1977, which, after a nonjury trial, denied her a right of election. Order reversed, on the law and the facts, with costs to appellant payable out of the estate, and appellant’s right of election is determined to be valid. The record does not support the finding of the…