In re the Estate of Fuller

Order unanimously reversed, without costs, and petition dismissed. Memorandum: The question raised on appeal is whether EPTL 5-1.1 (subd. [d], par. [3]) authorizes a guardian ad litem of a surviving spouse under a disability to make an election against the will on her behalf. Such authority cannot be found in the statute. EPTL 5-1.1 (subd. [c]) states: “ Where, after August thirty-first, nineteen hundred sixty-six, a testator executes a will disposing of his entire estate, and is survived by a spouse, a personal right of election is given to the surviving spouse to take a share of the…