In re the Estate of Rosenbaum

Christopher C. McGrath, S.

In this proceeding the petitioner, a brother of the decedent, seeks to revoke the letters of administration heretofore issued to the widow. He contends that the widow has waived all rights to her husband’s estate by reason of a separation agreement executed on November 8, 1949.

The separation agreement contains the usual provision for the parties to live separate and apart and provided for periodic payments to the wife for her maintenance and support. The language upon which the petitioner relies reads as follows:

‘ ‘ The parties hereto shall be free from the marital…