In re Estate of Norcross

S. Samuel DiFalco, S.

The testator’s will bequeaths shares of corporate stock and the entire residuary estate to a charity. Pursuant to EPTL 5-3.3 a daughter of the testator elected to contest the bequests to the charity and this proceeding was instituted by the executors to determine the validity of the daughter’s election. The petition of the executors alleges that the daughter executed an instrument under which she agreed not to contest any charitable disposition which her father should make by will and the executors assert that for such reason, ‘1 among other reasons ’ ’, the election is…