In re the Estate of Ruff

— Appeal from a decree of the Surrogate’s Court of Delaware County (Farley, S.), entered April 9, 1982, which permitted decedent’s surviving spouse to exercise her personal right of election against the will. Decedent, Walter D. Ruff, died testate on December 1, 1980 and his last will and testament divided his estate in equal shares among his three children. Decedent’s second wife, whom he had married in 1962, petitioned to exercise her personal right of election against the will as a surviving spouse (EPTL 5-1.1). Respondents, who are decedent’s three children and coexecutors of decedent’s…