In re the Estate of Lando

OPINION OF THE COURT

Robert M. Berliner, S.

This is a proceeding to determine the validity of a right of election. Petitioner, the executrix of the estate, seeks summary *867judgment determining that the exercise of the right of election against decedent’s will by the attorney-in-fact of decedent’s now deceased wife, Bernice L. Levy-Lando, is ineffective. Respondents Lorelei S. Levy (the attorney-in-fact for her mother Bernice) and Arthur J. Levy (another child of Bernice) oppose the motion and ask the court to dismiss the petition, to declare that the purported waiver of the right of election…