In re the Estate of Starr

John D. Bennett, S.

This is a proceeding, under section 201 of the Surrogate’s Court Act, by the surviving husband of the deceased to compel the executrix to set apart property exempt to him under section 200 of the Surrogate’s Court Act, consisting of the sum of $1,000. No answer to the petition has been filed, and the matter has been submitted for decision upon the papers and memoranda of law.

The memorandum submitted by the executrix raises two objections to the relief sought. The first of these objections is that the petitioner is precluded from making this claim because of a waiver…