In re the Estate of Nowakowski

This is an appeal from a decree of the Surrogate’s Court of the County of Erie which adjudged that the waiver and release of the appellant’s right of election to take against his deceased wife’s will is valid. The appellant and the testatrix remained husband and wife until the death of the wife and we agree with the Surrogate’s Court that there was no abandonment by the husband. That contention was not pressed by the appellant on this appeal. His point is that the Surrogate’s Court should have found the testatrix guilty of a constructive fraud which voided the waiver aud release. A…