Thompson v. Thompson

Appeal on behalf of the plaintiff and defendants, other than Mary J. Thompson, from an interlocutory judgment of partition entered in the Rensselaer county clerk’s office on the 11th day of October, 1937. It is the appellants’ contention: (1) That the defendant, by her abandonment of the testator in his lifetime, lost her right of election under section 18 of the Decedent Estate Law; (2) that she waived her right of election by the separation agreement, under subdivision 9 of section 18 of the Decedent Estate Law. The testator and the defendant were married in 1928, and resided together at…