In re the Estate of Dunham

Walter D. Dunham died testate a resident of Greene County on January 23, 1970. His will, dated November 21, 1967, was admitted to probate on February 16, 1970. His widow, Marina Dunham, who is also the designated executrix, filed with the petition for probate on February 16, 1970, a notice of election under EPTL art. 5 to take against the will. A copy of such election was served on Mary J. Dunham, the petitioner herein. Under Mr. Dunham’s will, Marina Dunham is the residuary legatee.

Paragraph Third of the will reads as follows: 1 ‘ Third: In compliance with a certain Separation Agreement…