In re the Accounting of Connolly

John D. Bennett, S.

This is a proceeding for judicial settlement of the account of the sole surviving executrix and for the fixing of attorneys’ fees and disbursements.

An objection is made to this accounting by the executor of the estate of the late widow of the decedent, claiming her exemption of $1,000 under subdivision 4 of section 200 of the Surrogate’s Court Act. The basis for refusing to pay the exemption is an agreement between decedent and his wife dated the same day as his last will and testament. In that agreement each waived their right of election. The agreement also stated, “ That…