In re the Estate of Lingg

John J. Dillon, S.

The executor instituted this proceeding pursuant to section 145-a of the Surrogate’s Court Act to determine the validity and effect of a notice of election filed by the testator’s widow. The evidence clearly established that both the decedent and the surviving spouse executed a prenuptial agreement dated December 19, 1952. The agreement which was duly acknowledged expressly provides that “ Each party hereto hereby waives the right which he or she now has or may hereafter have pursuant to the provisions of Section 18 of the Decedent Estate Law”. The court finds that there was…