Ratony Estate

Dissenting Opinion by

Mr. Justice Roberts:

I am compelled to dissent for three reasons. In the first place, I am unable to accept the majority’s view that Julia and Alexander Ratony mutually intended the document signed on December 11, 1941, to be a waiver and a release of Mrs. Ratony’s statutory interest in her husband’s estate. Secondly, I think the agreement should be held void and unenforceable for reasons of public policy. Finally, the agreement is invalid for want of consideration.

The majority opinion ignores some of the most fundamental principles underlying our domestic relations law.…