In Re the Accounting of Colaci

Was there a waiver by the widow of the right of election given by section 18 of the Decedent Estate Law (Cons. Laws, ch. 13) by reason of an agreement to waive dower executed before the enactment of this section?

On November 5, 1928, the testator and appellant’s intestate, hereinafter designated as appellant, being husband and wife, owned eleven parcels of real property as tenants by the entirety. On that day they conveyed these eleven parcels to themselves as tenants in common, the deed containing the following provision:

“ IT IS EXPRESSLY UNDERSTOOD AND AGREED that the ownership of the…