In re the Estate of Goodman

Frank, J. (dissenting).

This is an appeal from a decree determining that an election to take as a surviving spouse is invalid and that the widow executed and acknowledged a valid waiver of election.

The Decedent Estate Law (§ 18, subd. 9) in part provides: ‘‘ The husband or wife, during the lifetime of the other, may waive or release the right of election to take as against a particular last will * * * A waiver or release to be effective under this subdivision shall be subscribed by the maker thereof and either acknowledged or proved in the manner required for the recording of a conveyance of…