In re the Estate of Sunshine

Millard L. Midonick, S.

Decedent’s widow petitions alleging her right of election against his will. Respondent executor, the adult son of decedent by his first marriage and the primary beneficiary of this estate, opposes petitioner’s election by an affirmative defense in the form of an antenuptial agreement. Respondent’s two daughters have limited interests of $10,000 each by way of legacy and if an election is allowed, their interests would be affected.

In 1956, petitioner, with her daughter by her first marriage, came to this country from Hungary at the age of 37. In Hungary, she had received…