In re the Estate of Charkowsky

Millard L. Midonick, S.

This is an application by a non-domiciliary surviving spouse to substitute her personally signed right of election against the will for an earlier election filed and executed by the Consul of the U.S.S.R. on her behalf. Petition shows that the decedent died on August 7, 1975 leaving a will dated April 5, 1974 which was admitted to probate in this court on December 15, 1975. The last date to file a notice of election would fall on June 15, 1976, subject to court approval for an extension until December 15, 1976. (EPTL 5-1.1.) The earlier notice of election was filed on…