In re the Estate of Schell

—In a contested probate proceeding, the executor appeals from so much of an order of the Surrogate’s Court, Nassau County (Radigan, S.), entered March 11, 1991, as denied, in part, his motion which was for *571summary judgment dismissing the claimant’s claim against the estate, and the claimant cross-appeals from stated portions of the same order which, inter alia, granted that branch of the executor’s motion which was to dismiss the claimant’s purported exercise of a statutory right of election as the decedent’s surviving spouse.

Ordered that the order is modified, on the law, by deleting the…