Montesi v. Estate of Montesi

OPINION

HARBISON, Justice.

In this case Rita Montesi, estranged wife of the decedent, Louis Frank Montesi, filed a dissent from the decedent’s will and claimed her elective share as a surviving spouse pursuant to T.C.A. §§ 31-4-101 through 105. The Probate Judge sustained objections filed by the Executor upon the ground that Mrs. Montesi was not a “surviving spouse” because of a prior property settlement agreement entered into between her and the decedent. See T.C.A. § 31-1-102(b)(3).

The Court of Appeals reversed and this Court granted further review. We are of the opinion that the Court of…