In re the Estate of Stoeger

John D. Bennett, S.

This is a proceeding commenced by the executor to settle his account and to determine the validity of a right of election filed by the decedent’s widow.

The petitioner relies on an antenuptial agreement executed by the widow as a waiver of her right of election. The answer of the widow alleges that the antenuptial agreement contains no waiver or release of the respondent (widow) to take as against the will admitted to probate or any will of the decedent, nor does the agreement contain any waiver or release,of all the widow’s rights in the estate of the decedent.

The…