In re the Estate of Agioritis

This appeal raises questions of first impression concerning the construction of EPTL 5-1.1. Specifically, we are asked to decide whether money deposited in Totten trust1 savings accounts subsequent to August 31, 1966, from funds previously on deposit by the decedent in similar accounts in the same and other banks prior to August 31, 1966, are subject to the surviving spouse’s right of election.

The petitioner, Florence Agioritis, married the decedent in 1950 and lived with him continuously until his death in 1973. The decedent died intestate and without issue, leaving a gross estate of…