In re the Estate of Herrick

Foley, S.

In this proceeding, Lena’ A. Herrick, the widow of the testator, seeks a determination as to the validity and effect of the written election made by her to take her intestate share of the estate pursuant to the terms of section 18 of the Decedent Estate Law. The executors and certain legatees resist the relief sought by the widow upon the ground that she duly waived, by an agreement in writing, any right to elect under the provisions of the section.

It is undisputed that such an agreement was executed and acknowledged as required by law. (§ 18.) Its validity, however, is challenged by…