In re the Estate of Handler

Nathan R. Sobel, S.

In this proceeding by a surviving spouse to determine the validity and effect of a notice of election, the answer of the respondent executrix raises novel questions concerning the construction of EPTL 5-1.1, the right of election statute. Although sponsored by and carefully drafted under the direction of the Bennett Commission on Estates (Temporary State Comm, on Modernization, Rev. and Simplification of Law of Estates, Third Report [1964], pp 109-233; Fourth Report [1965], pp 137-153; Fifth Report [1966], pp 95-107) the statute is in some respects perplexing to litigants.…