In re the Estate of Markel

Foley, S.

Miriam Markel, the widow of the testator, seeks in this proceeding an adjudication as to the validity and effect of the written election made by her to take her intestate share of the estate, pursuant to the provisions of section 18 of the Decedent Estate Law.

The executors contend that the widow .is not entitled to elect because of an ante-nuptial agreement made between her and the testator, dated November 29, 1935, wherein she expressly waived, pursuant to the provisions of subdivision 9 of the section, any right to take against the testator’s last will. In her reply and in her bill…