In re the Estate of Ginsberg

OPINION OF THE COURT

Marie M. Lambert, S.

In this proceeding, the executors have petitioned to construe decedent’s will as if he were predeceased by his wife, Sheila *193Ginsberg (Sheila), thus accelerating all interests contingent upon Sheila predeceasing him. The question presented is whether a separation agreement entered into by Sheila and decedent constitutes an effective renunciation under EPTL 2-1.11 (b). If so, the construction sought by petitioners could follow from the renunciation.

Decedent died on May 10, 1986, survived by his father and mother, his wife Sheila, and no children.…