In re the Estate of Rhoades

*263OPINION OF THE COURT

George B. Ceresia, Jr., J.

In this miscellaneous proceeding in connection with the ancillary probate of the will of Ralph Manson Rhoades, the petitioner, Myrna Rhoades, has petitioned the court to determine the validity of a right of election filed by her against the decedent’s New York estate pursuant to EPTL 5-1.1.

The relevant facts of this case appear to be undisputed. The petitioner, Myrna Rhoades, is the surviving spouse of the decedent, Ralph Manson Rhoades, who died on November 16, 1991 domiciled in the State of Florida. Decedent’s last will and testament dated March…