In re the Estate of Fleischmann

5. Samuel Di Falco, S.

The widow of the testator, having filed an election to take against his will, petitions the court to declare that she is entitled to take her elective share. Under the will and first codicil she is given the income of a trust consisting of 55% of the residue of an estate which is said to have a gross value in excess of $7,000,000, but the value of her legacy *925is not one of the issues here. The executor’s answer pleads an antenuptial agreement in which the petitioner expressly waived any right to elect to take against this particular will or any other will of this…