In re the Estate of McGlone

Wingate, S.

It may readily be conceded, even in the absence of the plethora of citations supplied by the petitioners in substantiation of the point, that the denial of an immaterial allegation does not raise a triable issue. The difference of opinion between the court and the present applicant does not involve this question, but is as to whether it is incumbent upon one who seeks to disinherit a surviving widow by reason of an alleged waiver of rights of inherit*499anee made by the prospective bride on the eve of her marriage, to demonstrate that this waiver was secured in a fair and just manner.

Th…