In re the Estate of Halsted

Delehanty, S.

The motion made to strike out the appearance of the widow of deceased in the pending probate proceeding raises the issue whether an agreement executed by her in the lifetime of deceased constitutes an effective release of her interests in the estate and so bars any action by her in the proceeding.

The proof establishes that deceased and his wife had lived separate and apart for seven years or more prior to the execution of the agreement in question. During that interval the wife was paid $250 per month. Shortly prior to the execution of the agreement here in controversy she sought…