In re the Estate of Fabell

OPINION OF THE COURT

Bertram R. Gelfand, J.

This is a proceeding to determine the validity and/or effect of a right of election. Petitioner is the administrator of decedent’s postdeceased surviving spouse. At issue is the *177appropriateness of the procedures which led to the filing of the notice of election. Specifically, the novel issue presented concerns the validity of the notice of election filed on behalf of the spouse by a person who had petitioned in this court to be appointed her conservator and had received authorization from the court as preliminary relief in the conservatorship…