In re the Estate of Bowen

Millard L. Midonick, S.

This is an application by the surviving spouse to determine the validity of her election against the will and to compel the executor to turn over exempt property to her. The remaining relief requested in the petition has been withdrawn by stipulation.

*642Decedent made no provision for petitioner in Ms will, but stated that she was provided for by means of a separation agreement. The separation agreement was executed in 1970 in New Jersey while the parties resided in that State. Following execution of this agreement the parties took up separate residences in New York, and…