Deutscher Estate

TAXIS, S.J.,

The issue before this court is whether Florence Deutscher, the surviving spouse of the deceased, Fred Deutscher, is permitted to revoke her initial election to take against her husband’s will some five years after her original election. The petition to revoke is granted.

The record reflects that Fred Deutscher died testate on February 15, 1985. He was survived by his wife, Florence Deutscher, his daughter, Bari Deutscher Amadio, and grandchildren from a previous marriage. Mr. Deutscher executed his will and first codicil on February 4,1985 and a second codicil on February 13, 1985.…