In re the Estate of Wilson

Suozzi, J.,

dissents and votes to affirm the order, with the following memorandum, in which Latham, J. P., concurs: In my view, appellant’s waiver of her right of election, which is contained in a separation agreement executed by the appellant and her husband, the decedent, is valid. The facts surrounding the execution of the waiver of her right of election are not in dispute. Appellant and her husband were married on June 22, 1959. On August 2, 1966 the appellant and her husband entered into a written separation agreement which provided for a division of their real and personal property and…