In re the Estate of Becker

In a prior proceeding the court construed various provisions of testator’s will and determined that 'the widow’s notice of election to take against the will was invalid (47 Misc 2d 443). Pending determination of her appeal from the decree entered thereon the parties entered into an agreement, entitled stipulation and release dated March 24, 1966 and amended April 28,1966, withdrawing said appeal upon certain conditions including one that the agreement was to be null and void unless an order of this court was obtained by a fixed date approving same in all respects.

The fundamental provision in…