In re the Estate of Deffner

Decree reversed on the law and facts, with costs, and matter remitted to the Surrogate’s Court to enter a decree in accordance with the memorandum. Memorandum: We cannot agree that the waiver executed by petitioner on June 4, 1932, and attached to the will of the testator executed on that date is effective as to the later will executed on June 17, 1944, even though the later will made a similar disposition of his property. The statute (Decedent Estate Law, § 18, former subd. 9) in effect at the time the waiver was executed provided: “ The husband or wife during the lifetime of the other may…