In re the Estate of Frisch

Joseph A. Cox, S.

The executor instituted this proceeding to determine the validity of a notice of election asserted by the testator’s widow pursuant to section 18 of the Decedent Estate Law. The petition alleges that such election is invalid by reason of a waiver of election contained in an instrument exe*899euted by the testator, the respondent, and the children of the testator on January 5, 1962. The answer of the respondent widow admits that she signed a document on January 5, 1962, admits that she received $125,000 pursuant to that agreement but, as an affirmative defense, pleads that the…