In re the Estate of Tanburn

Collins, S.

Decedent’s widow as general guardian of his infant daughter has moved pursuant to sections 200 and 201 of the Surrogate’s Court Act to compel his executors to set off to the daughter as exempt property the amount of $1,000. The widow concedes for purposes of this motion that during decedent’s lifetime she entered into a separation agreement with him under which she waived all rights in and to his estate. Upon his death no part of the estate was bequeathed either to her or to her infant daughter.

The executors have moved under rule 106 of the Rules of Civil Practice to dismiss the…