In re the Estate of Kittinger

Collins, S.

The executor of decedent’s will has brought this proceeding pursuant to section 145-a of the Surrogate’s Court Act, to obtain a determination as to the validity and effect of an election of the alleged wife of decedent to take against the provisions of his will. The petition alleges that decedent and his then wife, the respondent herein, entered into a separation agreement in which respondent waived all her rights in decedent’s estate and, subsequent to the execution of that separation agreement, respondent instituted a divorce action in the State of Florida in which action…