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MATTER OF GOODMAN

2 A.D.2d 558 (1956)

In the Matter of The Estate of Nathan M. Goodman, Deceased. Theodore J. Rosenberg et al., as Executors of Rose Goodman, Deceased, Appellants; Herman E. Goodman, Individually and as Executor of Nathan M. Goodman, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 27, 1956.

Attorney(s) appearing for the Case

Albert Cohn of counsel (Samuel Lawrence Brennglass and Morris Henry Frank with him on the brief; Steckler, Frank & Gutman, attorneys), for appellants.

Fowler Hamilton of counsel (Cleary, Gottlieb, Friendly & Hamilton, Manuel Tancer and Watt H. Denison, Jr., with him on the brief), for respondents.

PECK, P. J., and VALENTE, J., concur with BREITEL, J.; FRANK, J., dissents and votes to reverse in opinion, in which COX, J., concurs.

BREITEL, J.

The executors of a deceased, surviving widow, who had exchanged waivers of rights of election in their respective estates with her affianced husband, assert that the widow's waiver, upon which the estate of the deceased husband relies, is invalid for lack of due acknowledgment. After trial before the Surrogate, the waiver was sustained, and it was held, that the widow had had no right of election in...

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