In re the Estate of Roy

OPINION OF THE COURT

John M. Thomas, S.

This petition brought by Indumati Roy, as the surviving *293spouse of the decedent, Prabir Roy, seeks a determination of the validity and effect of her election to take against the last will and testament of Prabir Roy pursuant to EPTL 5-1.1.

Prabir Roy died December 15, 1986, leaving a last will and testament admitted to probate by this court on March 2, 1987, which left one half of the net estate to his brother, Tapón Roy, one fourth to his sister, Sunanda Fusco (now McGarvey), and one fourth to his three infant nieces, Joya Roy, Maya Roy and Anjoli Roy, and…