In re the Estate of Bulova

Breitel, J. P.

A widow appeals from a decree in Surrogate’s Court, granted on cross motions for summary judgment under *251rule 113 of- the Rules of Civil Practice. It was held that she had, in the lifetime of decedent, validly waived her right of election as a surviving spouse under section 18 of the Decedent Estate Law. Hence, it was also concluded that her attempted exercise of a right of election was of no effect.

Decedent died in California in 1958. Under his will his widow was bequeathed $25,000, in an estate valued in many millions of dollars. Involved is a 1956 instrument purporting to…