In re the Estate of Griffith

Feely, S.

The first question here is whether the widow of this testator has lost, by reason of a separation agreement, her standing as a “ person interested ” (Surr. Ct. Act, § 314, subd. 10), which is prerequisite in order for her to raise the further question whether her deceased husband had canceled his last will that has since been propounded as such in this proceeding.

The separation agreement was made in 1914 — a year before the will — and it recites that “ the duration of this agreement shall be for the joint lives of the respective parties.” It omits to bind also the heirs and legal…