In re the Estate of Fuchs

John D. Bennett, S.

This is a proceeding to determine the validity of a right of election under section 18 of the Decedent Estate Law.

The petitioner admits that he executed a document waiving his right of election, but contends that the execution by the testatrix of subsequent codicils following the execution by him of the waiver, invalidates such waiver, citing Matter of Deffner (281 App. Div. 798, affd. 305 N. Y. 783). However, the waiver in the latter case specifically referred to one particular will of a specified date. Here the waiver is general and unlimited in nature and refers to no…