In re the Estate of Maslanka

William J. Regan, S.

In this judicial settlement proceeding decedent’s widow claims she is entitled under a separation agreement to continuation of support payments during her life and also that she did not relinquish her family rights under the agreement as surviving spouse under EPTL 5-3.1. Opposing counsel rest on the terms and the issues are submitted solely as questions of law.

Following their marriage in 1961 the parties entered into a written separation agreement dated November 26,1966. Decedent died March 4,1969 and left his estate under his probated will exclusively to his children…