In re the Estate of Oestrich

OPINION OF THE COURT

Eugene E. Peckham, J.

*500Decedent died on April 16, 2006 and on July 5, 2006 letters testamentary were issued to Stephanie G. Beck, an attorney-at-law. On July 21, 2006, Mary H. Oestrich, the surviving spouse filed an election to take against the will pursuant to EPTL 5-1.1-A. The present proceeding is brought by a petition from the surviving spouse to cancel her previously filed right of election. The notice of withdrawal of the election is dated March 16, 2008 and the petition is dated April 2, 2008 and was filed April 4, 2008.

EPTL 5-1.1-A (c) (5) provides:

“Upon application…