In re the Estate of Ziems

OPINION OF THE COURT

John R. Murray, J.

This matter has come before this court upon a petition for a determination regarding the proper execution of the personal right of election pursuant to EPTL 5-3.3.

Theo L. Ziems died on June 28, 1975, a resident of the Town of West Monroe, County of Oswego, State of New York. Theo L. Ziems died leaving a last will and testament dated November 27, 1972, a copy of which was duly admitted to probate by the Surrogate’s Court, County of Oswego, on November 1, 1977. Letters testamentary were duly issued to Clinton H. Ziems on November 1, 1977, the sole legatee…